V 




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Book ^X$£ , 

Copyright 1^^ ^ . 



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THE 

State Government Series 

EDITSD BY 
B. A. HINSDALE, Ph.D., LL.D. 



VOLUME IV. 



B i J i 'iii'l'J'iJi j jl 




HISTORY 

AND 



Civil Government of Iowa 



H. H. Seerley, A.m., 

President of the Iowa State Normal School. 



L. W. PARISH, A.M., 

PRorassoR OF Political Science in the Iowa State Normal School. 



AND 

THE GOVERNMENT OF THE UNITED STATES 

BY 

B. A. HINSDALE. Ph.D., LL.D. 




NEW YORK -:- CINCINNATI -:- CHICAGO 

AMERICAN BOOK COMPANY 



THE STATE GOVERNMENT SERIES 



UNDER THE GENERAL EDITORSHIP OF vl^ l& " ^ 

B. A. HINSDALE, Ph.D., LL.D. ^ - "^^ 

Professor of the Science and the Art of Teaching in the University of Michigan; 
Author of "The American Government," "Studies in Education,'' etc. 



History and Civil Government of Iowa 

By H. H. Seerley, A.M., President Iowa State Normal School, 
and L. W. Parish, A.M., Professor of Political Science in the 
Iowa State Normal School 

History and Civil Government of Minnesota 

By Sanford NlLES, Ex-State Superintendent Public Instruction 

History and Civil Government of South Dakota 

By Geo. M. Smith, M.A., Professor of Greek and Pedagogy, 
University of South Dakota, and Clark M. Young, Ph.D., 
Professor of History and Political Science, University of South 
Dakota 

History and Civil Government of Ohio 

By Dr. B. a. Hinsdale and Mary L. Hinsdale 

History and Civil Government of Missouri 

By J. U. Barnard, Formerly Professor in the State Normal 
School of Missouri 

History and Civil Government of Maine 

By W. W. Stetson, State Superintendent of Public Schools 

History and Civil Government of Pennsylvania 

By Dr. B. A. Hinsdale and Mary L. Hinsdale 

History and Civil Government of West Virginia 

By Virgil A. Lewis, A.M., Ex-State Superintendent of Schools 
of West Virginia 

History and Civil Government of'Looisiana 

By JOHN R. FiCKLEN, Professor pf^'J+iStory and Political Science 
in Tulane University 



!»» » .■■ . 1 ■»■ . • " '-', 
LIBRARY of CONGKr.SS' 
Two Copies Keceivti! 
MAY 26 1908 

,st A xxc. N.,. 



Copyright, 1897, by WERNER SCHOOL BOOK Company 

Copyright, 1908, by American Book Company 

e-p2 



Price 



81.00 

1.00 

1.00 

1.00 
1.00 

1.00 
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PREFACE. 

The recent revision of the Code of Iowa has caused 
somewhat important changes in the government of 
cities and in some of the State departments. These 
changes we have tried to make clear to the pupil, and 
we hope that the comparative tables and numerous 
outlines may prove helpful in fixing the information 
given in the text. 

Our book has grown out of the conviction that his- 
tory and civics are correlative studies ; that the story 
of civic development constitutes civil history ; and 
that the civil government of to-day is most interesting 
and most profitable when viewed in the light of those 
events by which the organization of the State is 
being moulded and perfected. 

While we have given considerable space to the his- 
tory of Iowa, we have confined ourselves strictly to 
civil history, and have tried, by numerous cross- 
references, to emphasize the fact that present civic 
conditions are the result of past experiences and not 
infrequently of past prejudices. 

Hoping that this method of study may help in add- 
ing to American patriotism a much needed intelligence, 



6 PREFACE 

and that, as as a consequence, at least the blunders of 
history may show less tendency to repeat themselves, 
we offer our little book not only to the teachers of 
Iowa, but to all who are interested in the past and 
present of our beloved State. 

H. H. Seerley, 
L. W. Parish. 



Statk Normal School, 

Cedar Falls, Iowa. 



CONTENTS 

Page. 

General Introduction 9-26 

Part I. — History. 

Chapter. 

I. The Beginnings of Government 

(1673-1838) 27-35 

II. The Original Inhabitants 36-43 

III. Iowa Territory (1838-1840) 44-54 

IV. Steps to Statehood 55"62 

V. The Democratic Period of State 

Control (1846-1854) 63-73 

VI. The Transition Period in Or- 
ganization and Legislation 

(1854-1857) 74-81 

VII. The Republican Period of State 

Control (1857- ) 82-92 

VIII. Iowa in the Days of Contro- 
versy AND War (1859-1865) .. 93-104 
IX. The State Institutions and So- 
cieties 105-118 

X. Growth, Development, and 

Change 1 19-135 

Part II. — Civil Government. 

XI. Local Government 136-144 

XII. Township Government 145-158 

XIII. Municipalities 159-165 

XIV. County Government 166-178 

XV. State Government i79-i93 

XVI. Right of Suffrage 194-203 

7 



CONTENTS 

Chapter. Page. 

XVII. Legislative Department 204-215 

XVIII. Legislative Department {Con- 
tinued') 216-228 

XIX. Executive Department 229-242 

XX. Judicial Department 243-258 

XXI. State Debts and Corporations. 259-266 

XXII. Education and School Lands.. 267-280 



Part III. — Government of the United States. 

XXIII. The Making OF the Government. 281-289 

XXIV. Amendments Made to the Con- 

stitution 290-292 

XXV. The Source and Nature of the 

Government 293-295 

XXVI. The Composition of Congress and 

THE Election of its Members. 296-308 
XXVII. Organization of Congress and 

ITS Methods of Doing Business 309-315 
XXVIII. Impeachment of Civil Officers.. 316-319 
XXIX. General Powers of Congress.. 320-332 
XXX. Election of the President and 

THE Vice-President 333"338 

XXXI. The President's Qualifications, 

Term, and Removal 339"34i 

XXXII. The President's Powers and 

Duties 342-350 

XXXIII. The Executive Departments. .. . 351-355 

XXXIV. The Judicial Department 356-363 

XXXV. New States \nd the Territorial 

System 364-369 

XXXVI. Relations of the States and the 

Union. ... 370"377 

Special Review and Outline... 378-384 



GENERAL INTRODUCTION. 



The character of the volumes that will comprise The 
State Government Series is indicated by the name of 
the series itself. More definitely, they will combine 
two important subjects of education, History and Govern- 
ment. It is proposed in this Introduction briefly to set 
forth the educational character and value of these sub- 
jects, and to offer some hints as to the way in which they 
should be studied and taught, particularly as limited by 
the character of the Series. 

1. The Educational Value of the Study of 
History and Government. 

Not much reflection is required to show that both of 
these subjects have large practical or guidance value, 
and that they also rank high as disciplinary studies. 

1. History. — When it is said that men need the expe- 
rience of past ages to widen the field of their personal 
observation, to correct their narrow views and mistaken 
opinions, to furnish them high ideals, and to give them 
inspiration or motive force; and that history is the main 
channel through which this valuable experience is trans- 
mitted to them — this should be sufficient to show that 
history is a very important subject of education. On 
this point the most competent men of both ancient and 
modern times have delivered the most convincing testi- 
mony. Cicero called history ^'the witness of times, the 
light of truth, and the mistress of life." Dionysius of 
Halicarnassus said '* history is philosophy teaching by 

9 



lO GENERAL INTRODUCTION. 

examples," and Lord Bolingbroke lent his sanction to 
the saying. Milton thought children should be taught 
''the beginning, the end, and the reasons of political 
societies." Another writer affirms that *' history fur- 
nishes the best training in patriotism, and enlarges 
the sympathies and interests." Macaulay said: **The 
real use of traveling to distant countries, and of 
studying the annals of past times, is to preserve them 
from the contraction of mind which those can hardly 
escape whose whole commerce is with one generation 
and one neighborhood." 

In every great field of human activity the lessons of 
history are invaluable — in politics, religion, education, 
moral reform, war, scientific investigation, invention, 
and practical business affairs. The relations of history 
and politics are peculiarly close. There could be no 
science of politics without history, and practical politics 
could hardly be carried on. But, more than this, there 
can be no better safeguard than the lessons of history 
against the specious but dangerous ideas and schemes 
in relation to social subjects that float in the atmosphere 
of all progressive countries. In fact, there is no other 
safeguard that is so good as these lessons; they are ex- 
perience teaching by examples. The man who has 
studied the history of the Mississippi Scheme, the South 
Sea Bubble, or some of the less celebrated industrial or 
economical manias that have afflicted our own country, is 
little likely to embark in similar schemes himself, or to 
promote them. The man who has studied the evils that 
irredeemable paper money caused in France in the days 
of the Revolution, or the evils that the Continental 
money caused in our own country, will be more apt to 
form sound views on the subjects of currency and bank- 
ing than the man who has had no such training. The 



GENERAL INTRODUCTION. IT 

school of history is a conservative school, and its lessons 
are our great defense against cranks, faddists, and dem- 
agogues. 

2. Government — Politics is both a science and an art. 
It is the science and the art of government. As a science 
it investigates the facts and principles of government; as 
an art it deals with the practical applications of these 
facts and principles to the government of the state. 

Now it is manifest that the art of politics, or practical 
government, directly concerns everybody. Few indeed 
are the subjects in which men, and particularly men 
living in great and progressive societies, are so deeply 
interested as in good government. The government of 
the state is charged with maintaining public order, se^ 
curing justice between man and man, and the promotion 
of the great positive ends of society. For these pur- 
poses it collects and expends great revenues, which are 
ultimately paid from the proceeds of the labor of the 
people. Furthermore, in republican states, such as the 
American Union and the forty-six individual States that 
make up the Union, government is carried on by the 
people through their representatives chosen at popular 
elections. The voters of the United States are a great 
and growing body. Educational and other restrictions 
sometimes reduce the number of voters in a State, but 
this effect is more than counterbalanced by the increase 
in population in the nation at large. About 14,000,000 
citizens vote in a presidential election. They vote 
also for National representatives, for State legisla- 
tures, executives, and judges, for county, township, and 
city officers, for the supervisors of the roads and the 
directors of the public schools. There is not a point 
in the whole round of National, State, and Local govern- 
ment that the popular will, as expressed at elections, 



12 GENERAL INTRODUCTION. 

does not touch. Every man is, therefore, directly con- 
cerned to understand the nature and operations of these 
governments, and almost equally concerned to have his 
neighbors also understand them. 

We have been dealing with practical politics exclu- 
sively. But the art of government depends upon the 
science of government. The government of a great 
country like our own, at least if a good one, is a com- 
plicated and delicate machine. Such a government is 
one of the greatest triumphs of the human mind. It is 
the result of a long process of political experience, and 
in its elements at least it runs far back into past history. 
It is, therefore, a most interesting study considered in 
itself. All this is peculiarly true of our own govern- 
ment, as will be explained hereafter. 

However, this complicated and delicate machine is 
not an end, but only a means or instrument; as a 
means or instrument it is ordained, as the Declaration 
of Independence says, to secure to those living under 
it their rights — such as life, liberty, and the pursuit of 
happiness; and the extent to which it secures these 
rights is at once the measure of its character, whether 
good or bad. 

It is also to be observed that a government which is 
good for one people is not of necessity good for another 
people. We Americans would not tolerate a govern- 
ment like that of Russia, while Russians could hardly 
carry on our government a single year. A good govern- 
ment must first recognize the general facts of human 
nature, then the special character, needs, habits, and 
traditions of the people for whom it exists. It roots in 
the national life and history. It grows out of the na- 
tional culture. Since government is based on the facts 
of human nature and human society, it is not a mere crea- 



GENERAL INTRODUCTION. 1 3 

ture of accident, chance, or management. In other 
words, there is such a thing as the science of govern- 
ment or politics. Moreover, to effect and to maintain 
a good working adjustment between government and a 
progressive society, is at once an important and difficult 
matter. This is the work of the practical statesman. 
A.nd thus we are brought back again to the fact that the 
science of government is one of the most useful of 
studies. 

Mention has been made of rights, and of the duty of 
government to maintain them. But rights always imply 
duties. For example: A may have a right to money 
that is now in B's posssession, but A cannot enjoy this 
right unless B performs the duty of paying the money 
over to him. If no duties are performed, no rights will 
be enjoyed. Again, the possession of rights imposes 
duties upon him who possesses them. For example: 
The individual owes duties to the society or the govern- 
ment that protects him in the enjoyment of his rights. 
Rights and duties cannot be separated. Either implies 
the other. Accordingly, the practical study of govern- 
ment should include, not only rights, but also duties as 
well. The future citizen should learn both lessons; for 
the man who is unwilling to do his duty has no moral 
claim upon others to do theirs. 

The foregoing remarks are particularly pertinent to a 
republican government, because under such a govern- 
ment the citizen's measure of rights, and so of duties, is 
the largest. Here we must observe the important dis- 
tinction between civil and political rights. The first 
relate to civil society, the second to civil government. 
Life, liberty of person, freedom of movement, owner- 
ship of property, use of the highways and public insti- 
tutions, are civil rights. The suffrage, the right to hold 



14 GENERAL INTRODUCTION. 

office under the government, and general participation 
in public affairs are political rights. These two classes 
of rights do not necessarily exist together; civil rights 
are sometimes secured where men do not vote, while 
men sometimes vote where civil rights are not secured; 
moreover, both kinds of rights may be forfeited by the 
citizen through his own bad conduct. Evidently polit- 
ical rights are subordinate to civil rights. Men partic- 
ipate in govermental affairs as a means of securing the 
great ends for which civil society exists. But the great 
point is this — republican government can be carried on 
successfully only when the mass of the citizens make 
their power felt in political affairs; in other words, per- 
form their political duties. To vote in the interest of 
good government, is an important political duty that the 
citizen owes to the state. Still other political duties are 
to give the legally constituted authorities one's moral 
support, and to serve the body politic when called upon 
to do so. These duties grow out of the corresponding 
rights, and to teach them is an essential part of sound 
education. 

It has been remarked that good government rests 
upon the facts of human nature and society, that such 
a government is a complicated machine, and that it is 
an interesting subject of study. It is also to be observed 
that the successful operation of such a government calls 
for high intellectual and moral qualities, first on the 
part of statesmen and public men, and secondly on the 
part of the citizens themselves. There are examples of an 
ignorant and corrupt people enjoying measurable pros- 
perity under a wise and good monarch; but there is no 
example of a democratic or republican state long pros- 
pering unless there is a good standard of intelligence 
and virtue. This is one of the lessons that Washington 



GENERAL INTRODUCTION. 



15 



impressed in his Farewell Address: ^'In proportion as 
the structure of a government gives force to public 
opinion, it is essential that public opinion shall be intel- 
ligent." 

Government deals with man in his general or social 
relations. Robinson Crusoe living on his island neither 
had, nor could have had, a government. Man is born for 
society; or, as Aristotle said, *'man has a social instinct 
implanted in him by nature." Again, man is political 
as well as social; or, as Aristotle says, **man is more of 
a political animal than bees, or any other gregarious 
animal. " Hence the same writer's famous maxim, * *Man 
is born to be a citizen." 

These last remarks bring before the mind, as a 
subject of study, man in his relations to his fellow 
men. The study of man in these relations has both 
practical and disciplinary value. At first man is 
thoroughly individual and egotistical. The human 
baby is as selfish as the cub of the bear or of the 
fox. There is no more exacting tyrant in the world. No 
matter at what cost, his wants must be supplied. Such 
is his primary nature. But this selfish creature is 
endowed with a higher, an ideal nature. At first he 
knows only rights, and these he greatly magnifies; but 
progressively he learns, what no mere animal can learn, 
to curb his appetites, desires, and feelings, and to regard 
the rights, interests, and feelings of others. To promote 
this process, as we have already explained, government 
exists. In other words, the human being is capable of 
learning his relations to the great social body of which 
he is a member. Mere individualism, mere egotism, is 
compelled to recognize the force and value of altruistic 
conviction and sentiment. And this lesson, save alone 
his relations to the Supreme Being, is the greatest lesson 



1 6 GENERAL INTRODUCTION. 

that man ever learns. The whole field of social rela- 
.tions, which is covered in a general way by Sociology, 
is cultivated by several sciences, as ethics, political 
economy, and politics; but of these studies politics or 
government is the only one that can be introduced in 
didactic form into the common schools with much suc- 
cess. In these schools civil government should be so 
taught as to make it also a school of self-government. 

It may be said that so much history and politics as is 
found in these volumes, or so much as can be taught in 
the public schools, does not go far enough to give to 
these studies in large measure the advantages that have 
been enumerated. There would be much force in this 
objection, provided such studies were to stop with the 
elementary school. But fortunately this is not the case. 
The history and the politics that are taught in the 
elementary school prepare the way for the history and 
the politics that are taught in the college and the uni- 
versity. Furthermore, and this is in one aspect of the 
subject still more important, they also prepare the way 
for much fruitful private study and reading in the home. 

II. Methods of Study and Teaching.^ 

Under this head history will be considered only so far 
as it is involved in politics. Our first question is, 
Where shall the study of government begin ? The 
answer will be deferred until we have considered the 
general features of the government under which we live. 

The United States are a federal state, and the Ameri- 
can government is a dual government. Our present 
National Government dates from the year 1789. It was 
created by the Constitution, which, in that year, took 
the place of the Articles of Confederation. At that time 
the State governments were in full operation, and it was 



GENERAL INTRODUCTION. 



17 



not the intention of the framers of the Constitution, or 
of the people who ratified it, to supersede those govern- 
ments, or, within their proper sphere, to weaken them. 
Experience had conclusively shown that the country 
needed a stronger National Government, and this the 
people undertook to provide. So they undertook to 
accomplish in the Constitution the objects that are 
enumerated in the Preamble. 

''We, the people of the United States, in order to 
form a more perfect Union, establish justice, insure 
domestic tranquillity, provide for the common defense, 
promote the general welfare, and secure the blessings of 
liberty to ourselves and our posterity, do ordain and 
establish this Constitution for the United States of 
America." 

The Constitution also formally denied some powers to 
the United States and some to the States; that is, it for- 
bade the one or the other to exercise the powers so 
prohibited. (See Article I, sections 9, 10.) The under- 
standing was that the mass of powers not delegated to 
the Union exclusively, or forbidden to the States, 
continued to remain in the hands of the people 
in their State capacities. Moreover, this understand- 
ing was expressly asserted in Article X of the Amend- 
ments. 

Accordingly, the Government of the United States 
must be studied under two aspects, one National and. 
one State. The case is quite different from what it would 
be in England or France, both of which countries have 
single or unitary governments. This duality makes the 
study more interesting, but more difficult, and suggests 
the question whether it should begin with the Nation or 
the State. The answer must be deferred until still othei 
facts have been taken into account. 



GENERAL INTRODUCTION. 

The powers that the State Governments exercise are 
exercised through a variety of channels. (1.) Some are 
exercised directly by State officers. For the most part 
these are powers that concern the State as a whole. 
(2.) Some are exercised by county officers within the 
county. (3.) Some are exercised by town or township 
officers within the town or county. (4. ) Some are exer- 
cised by city or municipal officers within the city. (5.) 
A few fall to officers elected by divisions of townships, 
as road-masters and school directors. 

Items 2, 3, 4 and 5 of this enumeration constitute 
Local government, which the people of all the States, 
in some form, have retained in their own hand. Here 
we meet a political fact that distinguishes us from somic 
other countries, the vigorous vitality of local institu- 
tions. France, for example, although a republic, has a 
centralized government; many powers are there exercised 
by national officers that here are exercised by local 
officers, while there the state often asserts direct control 
over the local authorities. Strong attachment to local 
self-government, and opposition to centralized govern- 
ment, is one of the boasted glories of the English-speak- 
ing race. Subject to the State constitution, the State 
Legislature is the great source of political power within 
the State. The county, the township, and the city owe 
their political existence and peculiar organization to the 
Legislature. 

Different States have organized local government in 
different ways. Speaking generally, there are three 
types — the Town type, the County type, and the Mixed 
type. The Town type is found exclusively in the New 
England States. It throws most of the powers of local 
government into the hands of the town, few into the 
hands of the county. The County type, which is found 



GENERAL INTRODUCTION. 



19 



in the Southern States and in a few others, reverses this 
method; it throws all local powers into the hands of the 
county, and makes the sub-divisions of the county merely 
an election precinct, the jurisdiction of the justice of the 
peace, and perhaps the unit of the militia company. 
The Mixed, or Compromise system, as its name implies, 
combines features of the other two. It makes more use 
of the county, and less of the town, than New England; 
more of the township, and less of the county, than the 
South. It is found in the Central States and generally, 
but not universally, throughout the West. 

Now not much argument is needed to show that the 
study of government, even within the limits of the ele- 
mentary school, should embrace the two spheres in 
which the American Government moves, the sphere of 
the Nation and the sphere of the State. Neither is 
much argument called for to show that the study of the 
State should embrace Local government, as well as 
State government proper. The argument on the whole 
subject divides into two main branches — the one practi- 
cal, the other pedagogical. 

Unfortunately, the time given to the study of govern- 
ment in the schools has not always been wisely distrib- 
uted. For many years the National Government 
received disproportionate attention, and such, though 
perhaps in less degree, is still the case. But, important 
as the powers of the Nation are, the common citizen, 
in time of peace, has few relations with it outside of 
the Post Office Department, while his relations with 
the State are numerous and constant. President Gar- 
field, in 1871, said : ''It will not be denied that the 
State government touches the citizen and his interests 
twenty times where the National Government touches 
him once." 



20 GENERAL INTRODUCTION. 

Still another point may be urged. An American State 
is a distinct political community. It is a separate 
commonwealth having its own constitution, laws, and 
officers. It has its own history. The people boast its 
services to the country. They point to its great names. 
They glorify the associations that cluster about its name. 
They dwell upon its typical or ideal life. All this is 
educative in a striking sense; such an environment 
necessarily reacts upon the people. Who can measure 
the effect of the old Bay State ideal, or the Old Dominion 
ideal, upon the people of either State ? 

Once more, Local government has received too little 
attention as compared with State government proper. 
Township or county government is on such a diminutive 
scale that to many it seems a subject unworthy of serious 
study. But it is important to teach the youth of the 
county that their future prosperity and happiness, as a 
rule, will depend upon what is done by road-masters, 
school directors, township trustees or supervisors, county 
commissioners or county courts, city authorities, and the 
like, far more than upon what is done by the Governor 
or the President. The common citizen is tenfold more 
concerned in the proceedings in the courts held by 
justices of the peace and by county judges than in the 
causes that are decided by the Supreme Court of the 
United States. 

Government is fundamentally an information or guid- 
ance study. It is put in the schools to teach the pupil 
how to perform his political duties intelligently when 
he comes to the state of manhood. In order that he 
may perform these duties intelligently, he must under- 
stand the nature and the ends of government, whether 
National, State, or Local, and the mode of its opera- 
tion. 



GENERAL INTRODUCTION. 21 

The fact is, however, that characteristic features of 
our government are ill understood by thousands of our 
citizens. The functions of the Executive and of the 
Judiciary are often confounded; likewise the functions of 
State authorities and National authorities. A multitude 
of citizens participate in every election of electors for 
President, who do not know how the President is 
elected. The line dividing the State sphere from the 
National sphere is a very hazy matter to many persons 
who consider themselves intelligent. Owing partly to 
this fact, and partly to the greater prominence of the 
Union, there is always a tendency in many quarters to 
hold the National authorities responsible for what the 
State authorities have or have not done. The adjust- 
ment of Local Government to the State and National 
Governments is another matter concerning which many 
are confused. Tax-payers can be found in every neigh- 
borhood who think the taxes that they pay to the town- 
ship or the county treasurer go to Washington. 

What has been said will suffice for the practical 
branch of the argument. Taking up the pedagogical 
branch, let us first observe the nature and the origin of 
the child's early education in respect to government. 

It is in the family, in personal contact with its mem- 
bers, that the child forms the habits of obedience and 
deference to others. It is here that he learns, in a rudi- 
mentary and experimental way, that he is part of a 
social whole. Here he acquires the ideas to which we 
give the names obedience^ authority^ government^ and the 
like. His father (if we may unify the family govern- 
ment) is his first ruler, and the father's word his first 
law. Legislative, executive, and judicial functions are 
centered in a single person. These early habits and 
ideas are the foundations of the child's whole future 
education in government, both practical and theoretical. 



22 GENERAL INTRODUCTION. 

His future conception of the governor, president, king, 
or emperor is developed on the basis of the idea of his 
father; his conception of society, on the basis of the 
idea of his home; his conception of government by the 
State, on the basis of family government. Of course 
these early habits and ideas are expanded, strengthened, 
and adjusted to new centers. 

While still young, the child goes to school. This, on 
the governmental side, is but a repetition of the home. 
It is the doctrine of the law that the teacher takes the 
place of the parent: in loco parentis. The new jurisdic- 
tion may be narrower than the old one, but it is of the 
same kind. The education of the school reinforces the 
education of the home in respect to this all-important 
subject. The habits of obedience and deference are 
strengthened. The child's social world is enlarged. At 
first he thought, or rather felt, that he was alone in the 
world; then he learned that he must adjust himself to 
the family circle; now he discovers that he is a member 
of a still larger community, and that he must conduct 
himself accordingly. The ideas of authority, obedience, 
law, etc., are expanded and clarified. 

About the time that the child goes to school he begins 
to take lessons in civil government. This also is de- 
veloped on the basis of his previous home-training. It 
begins at the very door-step. The letter-carrier, the 
policeman, the justice of the peace, and the postmaster 
introduce him to the government of the outer world. 
Some or all of these officers he sees and knows, and 
others he hears about. The very mail wagon that 
rattles along the street teaches its lesson, and so do 
other symbols of authority that confront him. He 
attends an election and hears about the caucus. As he 
grows older, the town council, the court of the local 
magistrate, and the constable or sheriff teach him the 



GENERAL INTRODUCTION. 23 

meaning of the three great branches of government. 
His ears as well as his eyes are open. Politics is the 
theme of much familiar conversation to which he listens. 
With all the rest, he reads the newspaper, and so en- 
larges his store of political information. 

Still other agencies contribute to the grand result. 
The church, public meetings, societies of various kinds, 
all teach the lessons of order and discipline. 

Such, in general, are the steps by which the child 
makes his way out of the world of isolation and selfish- 
ness into the world of social activity and light. Such is 
the character of his early education in morals and 
politics. Nor is it easy to overestimate these early les- 
sons. To suppose that the child's political education 
begins when he first reads the Constitution of the United 
States, is like supposing that his moral education begins 
when he is first able to follow the preacher's sermon. 

All this training is unconscious and mainly incidental, 
and the more effective for that very reason. But such 
training will not meet the ends of intelligent citizenship. 
Nor can the political education of citizens be left to the 
newspaper and the political speaker. Government must 
be formally taught in the schools. But what shall be 
the order of study ? Shall the child begin at Washing- 
ton, at the State capital, or at his own home ? In other 
words, shall he begin with the National Government, 
with the State government proper, or with Local gov- 
ernment ? 

For a time the student of government should continue 
to work on the material that lies right about him, just as 
the student of geography should find his first lessons at 
home. On this point the arguments already presented 
are decisive. The practical argument shows that this 
will be the most useful course to pursue. The peda- 
gogical argument shows that it is also the easiest, the 



24 GENERAL INTRODUCTION. 

most natural, and the most successful. In general then 
the method should be — first, the Local Government; 
second, the State Government, and last, the National 
Government. 

We have now reached a point where we can define 
more clearly and fully the special object of the series ot 
books to which this is a general introduction. These 
books are designed for the first stage of the formal 
study of the subject of Government. They are written 
on the theory announced; viz. : That the child's political 
education begins at home, and should for a time proceed 
from the home outward. The series is appropriately 
named The State Government Series. A volume will 
be given to a State. The successive volumes will first 
present an outline sketch of the civil history of the State, 
and then outline sketches of the State and National 
Governments as they now exist and operate. 

With two or three practical suggestions to teachers, 
this Introduction may fitly close. 

The first of these suggestions is that if the propel 
course be taken, the study of the National system will 
not be deferred until the pupil has made a complete 
survey of the State System. The State system can no 
more be understood alone than the National system alone. 
When the intelligent pupil, and particularly a boy, is old 
enough to take up one of the volumes of this series, he 
will already have made some progress in discriminating 
the two systems. He will know that Congress and the 
President belong to the Nation, the Legislature and the 
Governor to the State. But at the outset it may be ad- 
visable for the teacher to broaden and deepen this line 
of division. This can be done, if need be, in one or more 
oral lessons devoted especially to the subject. More- 
over, the teacher should keep an eye on this line from 
first to last. He should encourage the pupil to read the 



GENERAL INTRODUCTION. 



25 



Constitution of the United States, and in particular 
should direct his attention to the general powers of Con- 
gress as summed up in Article I, section 8, which are 
the driving wheels of the National Government. 

The second observation is that unremitting care must 
be taken to make the instruction real. The common- 
places about the abstractness and dryness of verbal in- 
struction, and particularly book instruction, will not be 
dwelt upon, except to say that they apply to our subject 
with peculiar force. The study of history, when it is 
made to consist of memorizing mere facts, is to the 
common pupil a dry and unprofitable study. Still more 
is civil government dry and unprofitable when taught in 
the same manner. There is little virtue in a mere 
political document or collation of political facts. The 
answer that the school boy made to the question, 
** What is the Constitution of the United States?" is 
suggestive. He said it was the back part of the History 
that nobody read. Hence the book on government must 
be connected with real life, and to establish this connec- 
tion is the business of the teacher. On this point three 
or four hints may be thrown out. 

The teacher should not permit the Governor, for ex- 
ample, to be made a mere skeleton. He should see 
rather that he is made to the pupil a man of flesh and 
blood, holding a certain official position and exercising 
certain political powers. It is better to study the 
Governor than the Executive branch of the government; 
better to inquire, What does the Governor do? than, 
What are the powers of the Executive ? 

The teacher should stimulate the pupil to study the 
political facts about him. He should encourage him to 
observe the machinery of political parties, the holding 
of elections, council meetings, courts of local magis- 
trates, and the doings of the policeman, constable, and 



26 GENERAL INTRODUCTION. 

sheriff. This suggestion includes political meetings and 
conversations upon political subjects. By observation 
an undue personal attendance upon such proceedings is 
not meant. To that, of course, there might be several 
objections. 

Pupils in schools should be encouraged to read the 
newspapers, for political among other reasons. The 
publications prepared particularly for school use to 
which the general name of *' Current Events " may be 
given, are deserving of recommendation. 

Still another thought is that the study be not made 
too minute. It should bear rather upon the larger 
features of the special topics. This remark is particu- 
larly applicable to the judiciary, which nearly all persons 
of ordinary education find more or less confusing. 

The suggestions relative to observation of political 
facts are peculiarly important in a country like our own. 
To understand free government, you must be in touch 
with real political life. 

In teaching Civil Government, the first point is to de- 
velop Civic Spirit — the spirit that will insist upon rights 
and perform duties. 

The last word is a word of caution. The method that 
has been suggested can easily be made too successful. 
Our American atmosphere is charged with political 
interest and spirit; and, while the pupil who takes a 
lively interest in current politics, as a rule, will do better 
school work than the pupil who does not, the teacher 
must exercise care that partisan spirit be not awakened, 
and that occupation in current events do not mount up 
to a point where it will interfere with the regular work 
of the school. B. A. Hinsdale. 



PART I 
HISTORY OF IOWA 



CHAPTER I 

THE BEGINNINGS OF GOVERNMENT 1 6/ 3- 1 838 

1 . Meaning of the Name Iowa. — Local historians 
from the earhest times have disagreed regarding the 
meaning of the Indian word Iowa. Some good 
authorities who know the language of the red man 
well, state that it means ''The Beautiful Land." 
Antoine Le Claire, an authority of the highest repute, 
is just as positive that the word means, '' This is the 
Place." Henry R. Schoolcraft, also a notable 
authority, decides that the Indians used the word to 
mean *' Across the River," calling the tribe which had 
left the old home in Illinois the lowas. It is not 
possible to choose between these authorities, but 
there is agreement in the fact that the word is derived 
from the Indian language, and that there was a tribe 
of Fox Indians which bore this name, leaving it upon 
the map of the state in Iowa river, Iowa City, Iowa 
county and Iowa State. 

2. History of the Use of the Name. — The first 
time the name appears in public records was in 1829. 
The Territorial Legislature of Michigan, sitting in the 
city of Detroit, organized all that part of the country 

27 



28 HISTORY OF IOWA 

south of the Wisconsin river, west of Lake Michigan, 
north of Illinois, and east of the Mississippi river into 
a county, and called it Iowa. This county still exists, 
though of not such large size, in south-western Wiscon- 
sin. Following this act, the Legislature of Michigan 
created two counties in 1834, west of the Mississippi 
river, naming them Dubuque and Des Moines, and at- 
tached them, for judicial purposes, to this Iowa county. 
It was a natural thing, after the organization of the 
Territory of Wisconsin, in 1836, to speak of that part 
of its extensive Territory as the * * Iowa District. ' ' 
When Congress divided the Territory in 1838, the 
name Iowa was readily attached to the new Territory 
and came as a matter of course in the naming of the 
State in 1846. The regular steps in the development 
and extension of the use of the word were Iowa 
county, Iowa court district, Iowa Territory, and Iowa 
State. 

3. Early Explorations. — The fur trader and the 
Christian missionary were the first explorers of this 
country. James Marquette, a French Jesuit mission- 
ary, and Louis Joliet, a French-Canadian fur trader, 
were probably the first white men that ever saw the 
''Beautiful Land." On the 17th of June, 1673, with 
five French assistant boatmen, they entered the 
Mississippi river by way of the Wisconsin river, and 
drifting rapidly down the Father of Waters, Rio 
Grande, as they called it, landed June 25, in the 
present county of Lee, near the mouth of the Des 
Moines river. In 1680 Louis Hennepin, a Franciscan 
priest, with two fur traders, ascended the Mississippi 
river as far as the Falls of St. Anthony, naming them 



THE BEGINNINGS OF GOVERNMENT 29 

for his patron saint. He gave the French name, 
prairie, to the meadowy, grassy plains he found in the 
region of lUinois and Iowa, and wrote an excellent 
description of the same, which was published at Paris 
in 1683. In 1682 La Salle, another French fur 
trader, left Canada for the purpose of exploring the 
Great Lakes and the country to the south and west. 
He passed down the Illinois river, and from its mouth 
down the Mississippi river to the Gulf of Mexico, 
naming the country Louisiana, in honor of his king. 
While he probably never saw Iowa, yet it is well to 
know this much of his expedition, as Iowa was so long 
a part of Louisiana, and came to the United States 
through the Louisiana purchase of 1803. From this 
time for one hundred and fifty years this entire 
country remained in the possession of the native 
Indian tribes, almost unknown to our Anglo-Saxon 
ancestors, who were busily laying the foundations of 
an empire along the Atlantic seaboard. 

4. The Expedition of Captains Lewis and 
Clark. — In 1804 Captains Lewis and Clark were 
sent by the United States Government upon the 
famous exploring expedition to the Pacific Ocean. 
During that year they visited the western border of 
Iowa. They held a notable council with the Indians 
near the north-west corner of the present county of 
Pottawattamie, and named the great bluffs of the 
Missouri river at that point Council Bluffs. This 
name has been transferred since that time to the City 
of Council Bluffs, the county seat of the county. The 
purpose of this council was to inform the Indians of 
the new government that now claimed control of the 



30 HISTORY OF IOWA 

country, and thus endeavor to establish peaceful rela- 
tions with them. During their sojourn in Iowa, one 
of their men, Sergeant Floyd, died, and was buried 
on the bluff of the Missouri, near the mouth of the 
Sioux River. It has ever since been known as Floyd's 
Bluff, and a small river near by has been called Floyd 
river. 

5. The Expedition of Major Pike. — In the autumn 
of 1805, Major Zebulon M. Pike, a skillful mathemati- 
cian and linguist, appointed to conduct surveys of 
various parts of the newly acquired territory of Louis- 
iana, made an authorized official visit to the head 
waters of the Mississippi, and met the different Indian 
tribes in Iowa. He advised the Indians of the fact 
that the United States had acquired sovereignty over 
the country by the purchase of the rights of France, 
and that henceforth their dealings as tribes would be 
with the new government. The following year he was 
charged with the exploration of the interior of Louis- 
iana, in the course of which he discovered Pike's 
Peak, in the Rocky Mountains, and reached the Rio 
Grande. He returned after numerous severe expe- 
riences, received the thanks of the government, pub- 
lished in 1 8 10 an account of his expeditions, and finally 
became a brigadier-general in an expedition in 181 3 
against Canada and was killed in York, now Toronto. 

6. The Title to the Soil. — Omitting all consider- 
ations of the vested ownership of the original inhabi- 
tant, the Indian tribes, it will be of interest to glance 
at the various changes of ownership through which the 
soil of Iowa has passed since this State was known to 
history. 



THE BEGINNINGS OF GOVERNMENT 3 1 

1. So far as the history of the discovery and explor- 
ation is concerned, Iowa first belonged to France, 
since Marquette and Joliet, as already mentioned, 
were here May 13, 1673. Civilized nations conceded 
this claim, on the right of discovery, and France held 
possession until 1763, when, by secret treaty, this 
State, with other large portions of territory, known 
and unknown at that time, was ceded to Spain. This 
treaty was not made known until a year and a half 
after it was signed, and Spain did not obtain posses- 
sion until 1769. By the treaty with Great Britain, 
in 1783, the United States was placed in possession of 
the east bank of the Mississippi river, except the part 
near its mouth. 

2. Spanish control and authority prevailed in all 
this vast domain west of the Mississippi river, until 
October i, 1800, when it was ceded by Spain to 
France, coming thus under the control of the revo- 
lutionary French government and the power of Napo- 
leon Bonaparte. 

3. April 30, 1803, Napoleon Bonaparte, being at 
war with almost all Europe, sold Louisiana to the 
United States to prevent it from falling into the hands 
of Great Britain, for the sum of $15,000,000. The 
province which thus came into the possession of the 
United States, was of vast though ill-defined territorial 
extent. 

4. October 31, 1803, a temporary government was 
authorized by Congress for the newly acquired territory, 
but in reality no government existed except in name, 
as the French governor still remained in power at the 
request and by the authority of the United States. 



32 HISTORY OF IOWA 

5. March 26, 1804, Congress provided that Upper 
Louisiana, that part of the whole province north of 
the thirty-third parallel, consisting now of Arkansas, 
Missouri, Iowa, and Southern Minnesota, should be 
organized into a court district and attached to the 
territory of Indiana for governmental and judicial 
purposes. From this came the term ' ' District of 
Louisiana," that occurs in the early history of all this 
part of the United States. 

6. March 3, 1805, Iowa was included as a part of the 
Territory of Louisiana, with the capital at St. Louis. 

7. The part of the Louisiana Purchase now known as 
Louisiana became Orleans Territory. 

8. June 4, 1812, Iowa was embraced in what wasthen 
organized as the Territory of Missouri. 

9. July 19, 1820, Missouri became a State, and Iowa 
with other territory was detached and forgotten, and 
remained a country without a government, either 
political or judicial, until June 28, 1834, when the 
abuses of outlawry and crime became so prominent 
and so serious that, as a means of redress and correc- 
tion, it was included in the Territory of Michigan. 
During all these years, it is probable that the only 
civil law in force in Iowa was the provision of the 
Missouri Act, which prohibited slavery and involuntary 
servitude in the territories of the United States 
north of thirty-six degrees, thirty minutes, north lati- 
tude. 

10. July 30, 1836, Iowa became a part of the newly 
organized Territory of Wisconsin, composed of the 
present States of Wisconsin, Iowa, and Minnesota, and 
the eastern part of North and South Dakota. 



THE BEGINNINGS OF GOVERNMENT 33 

11. July 12, 1838, the Territory of Iowa was organ- 
ized, including also the present State of Minnesota 
and parts of North and South Dakota. 

12. December 28, 1846, Iowa was admitted into 
the Union as a State. 

7. The First White Settler.— In 1788, the first 
white man settled within the present limits of the 
State of Iowa. This was just one year after the 
famous ''Ordinance of 1787," whose promise of 
liberty, freedom, and education exerted such a great 
influence upon the great Northwest. JuHen Dubuque, 
this first white settler, was a Frenchman, a native of 
Canada, and, previous to this, a resident of Prairie du 
Chien, where Fort Crawford was located and where a 
trading post had already been established. Septem- 
ber 22, 1788, Dubuque purchased from Blondeau and 
other chiefs of the Fox Indians the right to occupy a 
tract of land covering the site of the present city of 
Dubuque. In 1796, the Spanish governor, residing 
at New Orleans, confirmed this grant and thus estab- 
lished the title in a civilized way. Dubuque operated 
the lead mines found here for several years, and had 
in his employ ten white miners. With the assistance 
of two of them, he laid out a village and planned for 
the future of his settlement. 

8. Miner of the Mines of Spain. — Dubuque was 
a prominent man of adventure and business in his 
time in this frontier town. He called the tract of 
land by the name '' Mines of Spain," as a comphment 
to the Spanish governor who had granted him privi- 
leges and business favors. He married a Fox Indian 
squaw, Potosa by name, and so prospered in his busi- 



34 HISTORY OF IOWA 

ness pursuits as to be the wealthiest and the most 
influential citizen of his time in Iowa. He died in 
1 8 ID as a victim of his own vices, and was buried in 
the high bluff overlooking the Mississippi river, at the 
mouth of Catfish creek, a mile or more below the 
present city of Dubuque. A leaden coffin was made 
to hold his remains, and a vault was constructed of 
roughly dressed lime stones taken from the edge of 
the bluff, only a few feet distant from the site of the 
grave. Over the grave was erected a cedar cross 
hewn square and about twelve feet high. On the 
arms of the cross was inscribed in French the follow- 
ing : " Julien Dubuque, Miner of the Mines of Spain. 
Died March 24, 1810, aged 45 and a half years." 
The grant of land thus confirmed to Dubuque by the 
Spanish authorities was afterward contested in the 
United States courts, and the decision reached, after a 
full and careful investigation, was that the title claimed 
by Dubuque as conferred by the Indians was merely 
a lease or permit to work the mines, and that the 
title to the lands themselves was in the United States 
and the purchasers from the land offices of the United 
States (16 Howard Rep. 224). 

9. Other Early White Settlers. — In 1795, the 
Lieutenant-Governor of Upper Louisiana granted 
Basil Girard, a Frenchman, a tract of land amounting 
to 5,000 acres. This tract was located in Clayton 
county, and was called the * ' Girard Tract. ' ' Girard 
occupied this land with others under the Spanish, 
French, and American governments, and was finally 
granted a patent in his own right by the land office of 
the United States. The oldest legal title to land in 



THE BEGINNINGS OF GOVERNMENT 35 

Iowa is that of the site of Montrose, Lee county. 
March 30, 1799, Louis Honore-Tesson obtained from 
the acting governor of Upper Louisiana, * * a permit 
to establish himself at the head of the lower rapids 
for commerce in peltries and to watch the Indians, 
and keep them in fidelity, which they owe His 
Majesty." Here he took immediate possession, 
planted an orchard of apple trees, built a cabin and 
kept control until 1805, when the property passed to 
Thomas F. Roddick, whose heirs were confirmed in 
the original title by the United States Supreme Court 
in 1839 (14 Howard Rep. 513), as the owners of one 
mile square of the original league of land. 



QUESTIONS AND TOPICS. 

1 . Give the origin and the development of the word 
Iowa. 

2. Give an account of Marquette, Joliet, Hennepin, 
and La Salle. 

3. Origin and application of the term Louisiana. 

4. What was the object of the numerous govern- 
ment expeditions sent into the unsettled part of the 
country ? 

5. What nations and States have had control of 
Iowa soil ? 

6. What was the Louisiana purchase ? 

7. What was the * 'Ordinance of 1787 " ? 

8. What is a title to land ? What is a ' 'grant of 
land".? 



CHAPTER II 

THE ORIGINAL INHABITANTS 

lO. The Indians. — The original inhabitants of 
Iowa, at the coming of the white man, were the In- 
dians known in history by the tribal names of Sioux, 
Sac, Fox, and Iowa. There were other minor tribes, 
but these were the strongest, the most contentious over 
their rights of ownership, and therefore in history the 
best known. By repeated treaties, the United States 
extinguished their titles to the lands they occupied and 
removed them further westward, until in 1870 there 
were but four hundred and sixty-six Indians remaining 
in the whole State of Iowa. These tribes were divided 
into clans or families, and usually selected the name of 
some animal as their family type or characteristic des- 
ignation. Hence the names Eagle, Pigeon, Wolf, 
Bear, Elk, Beaver, Snake, etc., were thus applied. 
The number of clans in a tribe was an even number, 
eight in the Fox tribe, twelve in the Sac tribe. These 
clans were made up of lodges, each lodge consisting of 
one family. The husbands of a clan were all known 
as brothers, the wives as sisters, and the children rec- 
ognized each of the brothers as father and each of the 
sisters as mother; hence there were no cousins, 
nephews or nieces known among them. These several 
clans or families were also accustomed to have pecu- 
liar ways of cutting their hair so as to designate to 
which one of these families they belonged. Over 

36 



THE ORIGINAL INHABITANTS 37 

tribes chief s were placed ; sometimes hereditary, some- 
times by election, as braves who distinguished them- 
selves in war were made war chiefs, and thus it hap- 
pened that there were often two or more chiefs in the 
same tribe. The more prominent chiefs of these sev- 
eral tribes have left their names on the map of the 
State as Black Hawk, Keokuk, Tama, Mahaska, 
Waukon, Osceola, Decorah, Winneshiek, Wapello, 
Appanoose and Poweshiek. The tribal names are rep- 
resented by Sioux, Winnebago, Sac, Iowa, Fox, Osage, 
Pottawattamie, Cherokee, and Chickasaw. Other 
names derived from the Indians are Anamosa, Monona, 
Okoboji, Pocahontas, Oskaloosa, and Ottumwa. 

I I. The G-overnment and the Indians. — There 
were many treaties with these Indians from time to 
time after the organization of the United States gov- 
ernment. As years went by, the White man time and 
again desired to encroach upon the hunting grounds of 
the Red man, and hence induced his government to 
change its demands and modify greatly its treaties. It 
was always the strong dictating to the weak, and every 
time the White man had his way and the Red man was 
required to move on to a new and undesired home. 
From the most early beginnings, the United States 
legally treated the Indians as the owners of the soil, and 
conducted its affairs as if it was necessary to purchase 
these lands at a price satisfactory to the original 
owners. With these business dealings, came treaties 
that governed them, and also promises of future guar- 
antees and protection. Notwithstanding the good 
faith of the government was pledged at these treaty- 
making meetings never to molest the Indians in their 



38 



HISTORY OF IOWA 



newly-assigned homes, yet the advance of civilization 
constantly encroached upon the natives and the White 
man again and again demanded a revision of these 
treaties and a surrender of their possessions, whether 
willing or not. As a result of this policy and the 
violation of the treaties upon the part of the United 
States, there was little faith between the settlers and 
the natives, and a constant border warfare has been 
the history of frontier life. 

12. Treaties with the Indians. — i. The first 
treaty made by the government of the United States 

with the Indians of this part of 
the Northwest was conducted 
by Arthur St. Clair, Governor 
of the Territory northwest of 
the Ohio river. At this 
treaty meeting, which oc- 
curred January 9, 1789, 
there were two chiefs of the 
Sac Indians. The principal 
object of this treaty was to 
make peace and friendship 
between the several tribes, 
and to establish the boundary lines between the United 
States and the Indians. 

2. After the settlement of Kentucky and Ohio had 
progressed far enough to make the Mississippi river 
very desirable for navigation, and when the French 
and Spanish interests in the Mississippi Valley passed 
into the control of the United States by purchase, a 
movement was at once begun to get new treaties with 
the Indians. In November, 1 804, William Henry Har- 




TERRlTORIAIvSEAIy OF NORTH 
WEST TERRITORY. 



THE ORIGINAL INHABITANTS 39 

rison, then Governor of Indiana Territory, undertook 
the business at the direction of President Thomas Jef- 
ferson, and met the chiefs of all the tribes interested 
at St. Louis. He succeeded in securing a treaty that 
surrendered all the land east of the Mississippi river 
and a large tract on the west in Missou^ri, for which 
the Indians were to receive $2,234.50 in goods and 
$1,000 annuity thereafter. At the same time the 
United States promised never again to interrupt the 
Indians in the possession of their land now rightfully 
held by them, and to protect them in the enjoyment 
of the same. 

3. Notwithstanding these pledges, in 1808 the gov- 
ernment erected Fort Madison on the Indian land on 
the west bank of the Mississippi river, and forcibly 
and openly took possession. The Iowa town of that 
name still marks the place of treachery and bad faith 
where this fort was established. The Indians were very 
greatly dissatisfied with this act, and never again be- 
lieved the professions of friendship on the part of the 
officers of the government. Considering this act as 
nullifying the treaty, the Indians even denied that their 
lands east of the Mississippi river were ever legally 
ceded. The mistakes of government officials and the 
sharp tricks of traders and frontiersmen, as well as the 
apparent lack of fidelity of the government, so alien- 
ated the different Indian tribes that the Black Hawk 
War was provoked, and most of the Iowa tribes were 
in sympathy with the uprising of the Indians and aided 
in the hostilities. 

4. On the 15th of April, 1832, General Winfield 
Scott made a treaty with the Sacs and Foxes at the 



40 HISTORY OF IOWA 

present site of Davenport, by which a small strip of 
land in Iowa, called the Black Hawk Purchase, was 
released to the United States for settlement. This 
included 6,000,000 acres of very valuable farming 
land, constituting the eastern portion of the present 
State of Iowa. In June, 1833, the Indians peaceably 
removed from these lands, and gave the white people 
charge of their much-loved childhood home. Again 
in 1837, the chief Keokuk and his associates made 
another treaty and ceded a smaller tract to the 
settlers for occupation; and in 1842, Governor 
Chambers, of Iowa Territory, made a final treaty with 
the Sacs and Foxes, whereby all their claims to lands 
in Iowa were sold to the General Government. Thus 
is given briefly the history of the dispossession of the 
aborigines of their lands and the acquirement of the 
title by the people of the United States. 

5. In June, 1846, the Pottawattamies relinquished 
their reservation and crossed the Missouri river, and 
in July 23, 1 85 1, the Sioux Indians sold their lands 
and agreed to yield possession in two years, and the 
title to all Iowa lands was established in the govern- 
ment of the United States. 

13. The Half-Breed Tract. — From 1834 to 1837, 
the government had a camp established at Montrose, 
on the Mississippi, which was called Camp Des 
Moines. At the foot of the Rapids was an old trading 
house, afterwards known as ' ' Rat Row, ' ' and two or 
three old cabins. This was known as the point after- 
wards named for Keokuk, the eloquent old chief of 
the Sac tribe. The first settlers here were engaged 
chiefly in ' ' lighting and towing freights ' ' over the 



THE ORIGINAL INHABITANTS 4I 

Des Moines rapids. In a treaty made with the Sac 
and Fox Indians in 1824, there was reserved for the 
use of the half breeds of their tribes, in the south 
part of what was afterward Lee county, a very valu- 
able tract of land, containing about one hundred and 
thirteen thousand acres. By an Act of Congress, 
approved June 13, 1834, the Government released to 
these half breeds, as tenants in common, the fee sim- 
ple title to these lands. The treaty with the Sac and 
Fox Indians did not fix either the names, number, or 
indentity of the persons for whom the reservation was 
made. Hence, here was a chance for speculation and 
fraud. The number who claimed to be half 
breeds was fraudulently increased and a com- 
pany was duly incorporated to buy up half-breed 
titles. 

1 4. Legal Eflforts Regarding Titles. — The Terri- 
torial Legislature of Wisconsin, which held its session 
at Burlington, in 1838, passed a special act appoint- 
ing Edward Johnston, Thomas S. Wilson, and David 
Brigham commissioners to settle all rights to the 
property. Claimants to the ' ' half-breed tract ' ' 
should make proof of their titles, and the commission- 
ers should report their finding to the Territorial District 
Court. The court was authorized, after notice by 
publication, to enter a decree establishing titles. 
Before this work was completed, the next Legislature, 
January 25, 1839, repealed the law, but in the repeal- 
ing act authorized the commissioners to sue the 
owners of the Half-breed Tract for their services. 
This they did and Johnston and Brigham each recov- 
ered judgments against the ''owners of the Half- 



42 HISTORY OF IOWA 

breed Tract, ' ' by that general name and description. 
Executions were issued on these judgments, and the 
tract was levied upon and sold at sheriff's sale to 
Hugh T. Reid. The Supreme Territorial Court at 
one time held this title to be valid, and Reid nar- 
rowly escaped being a great landed proprietor. Mean- 
time the Territorial Legislature began to encourage 
settlements on the Half-breed Tract by legislative 
assurance to squatters, that, if all other titles should 
fail, possession should be not nine but ten points of 
the law. The very worst that a settler had to fear 
was, that improvements should be assessed by a 
jury of his peers, and that their value thus ascer- 
tained should be a lien on the land. 

B 5. Final Settlement of the Case. — In 1 840, a 
suit in partition was begun in the Territorial Courts in 
the name of Josiah Spaulding and twenty-two other 
purchasers from some of the half-breeds against * ' the 
known and unknown owners of shares in the Half- 
breed Tract." Service was made by publication. 
Commissioners were appointed by the court, who 
divided the tract into one hundred and one shares, of 
which forty-one were claimed by a New York Com- 
pany as assignees. The title under this decree of par- 
tition, after years of litigation, was finally established 
and quieted. These complications also became polit- 
ical, and in the fall of 1836, when the question of a 
separate Territorial organization for Iowa was agitated, 
a public meeting was held six miles west of Keokuk, 
at which many thought that the Half-breed Tract could 
not be included in any other organization, and those 
assembled seriously contemplated starting an inde- 



THE ORIGINAL INHABITANTS 43 

pendent government. But after several orators pres- 
ent had successively mounted the head of a whiskey 
barrel, and exhausted their eloquence in debating the 
question, the interested squatter-residents became con- 
vinced that the reservation v^as still within the juris- 
diction of the government of the United States and 
that they still owed it their allegiance. 



QUESTIONS AND TOPICS. 

1. What is a tribe of Indians? Why are they called 
original people ? 

2. What are the characteristics of government 
among the Indians ? 

3. What is a treaty ? In what way did the United 
States deal with the Indians ? Why were the guaran- 
tees of the Government not kept ? 

4. What was the Northwest Territory ? What were 
the special points in its organization worthy of special 
remembrance ? 

5. What is meant by the phrase ** tenants in com- 
mon " ? Why was there so much difficulty concern- 
ing the Half-breed Tract ? Why did it become after- 
ward such a political factor ? 



CHAPTER III 

IOWA territory: i 838-1 840 

16. The Organic Act. — On the 12th. of June, 
1838, Congress passed an act providing *'that from 
and after the 3d. day of July next, all that part of the 
Territory of Wisconsin that lies west of the Mississippi 
river, and west of a line drawn due north from the 
head waters or sources of the Mississippi to the terri- 
torial line, was for temporary purposes constituted a 
separate Territorial government and called Iowa." 
Provision was made for the President of the United 
States, by and with the advice of the Senate, to 
appoint a governor, a secretary, a chief justice, two 
associate justices, a United States attorney, and a 
marshal, to take charge of this new Territory and see 
that law and order prevailed within its borders. This 
act appropriated $5,000 for a public library and $20,- 
000 for the erection of public buildings. 

I 7. The Power of the Governor. — The governor 
was appointed for three years, and the other officers 
for four years. The governor was required to reside 
in the Territory, was commander-in-chief of the militia, 
and was required to perform the duties of superin- 
tendent of Indian affairs — not a small task at that 
time. All laws passed^ by the legislature were to be 
approved by him before they should take effect, and he 
was invested with the power to grant pardons for all 

offences that were committed under Territorial law. 

44 



IOWA TERRITORY 45 

He was also granted large discretion and authority 
in the determining of local officers, as the organic act 
states, he was to '' nominate, and by and with the 
advice and consent of the legislative council, appoint 
all judicial officers, justices of the peace, sheriffs, and 
all militia officers except those of the staff, and all 
civil officers not provided for by the organic act." 

18. The Judicial Power. — It was also provided 
that the Territory should be divided into three judicial 
districts, and the governor had the right to define the 
judicial districts of the Territory, and assign the judges 
appointed to the several districts of the Territory, and 
appoint the time for holding courts in the several 
counties, until otherwise provided by the legislature. 
Each judge was required to live in and hold the courts 
of his own district, and the three judges were required 
to meet at the seat of government once a year and 
together hold a supreme court. This act also provided 
for a Territorial legislature consisting of a council and 
a house of representatives, the former consisting of 
thirteen and the latter of twenty-six members, elected 
by the people. 

19. The First G-overnor. — Robert Lucas, form- 
erly Governor of Ohio, was selected by the President 
to be the first chief executive and undertake all these 
many duties. He proved to be a very wise selection, 
and used his power, so liberally conferred, with good 
judgment and with benefit to the future common- 
wealth. He at once caused a census to be taken, 
apportioned the members of the legislature between the 
counties and issued a proclamation for an election of 
delegates to Congress and members of the legislature. 



46 



HISTORY OF IOWA 



He established, the temporary seat of Territorial gov- 
ernment at Burlington, and convened there the first 
Legislature of Iowa on the 12th of November, 1838. 

The patronage of the 
governor at the first or- 
ganization of the Ter- 
ritory was very large, 
and he was thus en- 
abled to exert a great 
influence in public af- 
airs. It was very for- 
tunate that a man of 
such character, wis- 
dom, and good inten- 
tions was appointed to 
this important office, 
but it was inevitable 
that very soon such 
power would be re- 
sisted and a change demanded that would reduce the 
governor's office to executive duties, and leave to the 
people the selection of all their rulers, great and small. 
20. The First Legislature. — The first legislature 
was mostly composed of young, enterprising men, 
many of them afterwards becoming prominent people 
in the history of the State; but, as it happened, their 
principal business consisted in controversy with the 
Governor and the other officers appointed by the 
United States government. The first legislative acts 
were the granting of charters to the cities of Daven- 
port and Muscatine, and the giving away of many 
exclusive privileges to private individuals. Some of 




ROBERT LUCAS. 



IOWA TERRITORY 



47 



these privileges afterward became very profitable to 
the proprietors, and likewise very onerous and injurious 
to the people. This was particularly true with ferry 
charters, which gave authority and control to private 
individuals to such an extent as to be the source of 
much complaint and not a little politics. This Legis- 
lature also provided for the erection of a penitentiary 
at Fort Madison, and a Capitol building to be located 
in Johnson county on a suitable site to be selected by 
three commissioners appointed by the legislature. 
This place, when selected, surveyed, and platted, was 
to be called Iowa City, and was to be the permanent 
capital. 

2 I . Controversy with the G-overnor. — This first 
Legislature very bitterly disagreed with the governor 
respecting the meaning of the organic act, which 
defined the respective powers of the governor and the 
legislature. This disagreement was much intensified 
by some trifling and witty communications made by 
the secretary of the Territory in reply to a request of 
the legislature for certain stationery and other sup- 
plies that the members deemed necessary for the 
transaction of the regular official business of the 
session. As a consequence of these differences of 
opinion as to the legal prerogatives of the executive 
and the legislative departments, the Governor became 
prejudiced in feeling and was less disposed to yield 
his official opinion as to authority and rights than 
he otherwise would have been, and hence very lit- 
tle effective business was possible, since controversy 
absorbed the time and attention of the members. The 
Governor's veto being absolute, he used it so effect- 



48 HISTORY OF IOWA 

ively as entirely to annul all acts of the Legislature that 
did not personally appeal to him as being for the best 
interests or even as not being put in the best way as to 
language. 

22. Opinion of the Legislature. — The Legislature 
claimed that he exceeded his authority, and that the 
words in the organic act : * ' shall approve all laws 
passed by the legislative assembly before they take 
effect, ' ' should be interpreted to mean that it was the 
imperative duty of the Governor to approve all acts 
passed by the Legislature of the Territory, and therefore 
the mere fact of the governor vetoing them, or. even 
withholding his approval, did not prevent the acts of 
the legislature becoming laws. This little history needs 
to be kept in mind, because since this struggle was 
ended, the Governor of Iowa has rarely used the veto 
for the purpose of checking the will of the Legislative 
Assembly, and asserting thereby his own judgment and 
will in thwarting legislation, but has usually left the 
responsibility of the wisdom of such laws to rest upon 
the Legislature who were thus accountable to the peo- 
ple who elected them. But the action of the members 
of the first legislature, their interpretations of the 
organic law, and their abuse of authority as represented 
by the governor, did not intimidate Governor Lucas or 
change his mind in the least in the discharge of his 
duties as he understood them. He was of such per- 
sonal character that he proposed to do what he sup- 
posed was right, and let the future citizen and historian 
judge of the wisdom of his official course. 

23. The Appeal to Higher Power. — When the 
legislature found that threats, abuse, resolutions, and 



IOWA TERRITORY 



49 



arguments did not move him, the next attempt was to 
remove him from office, and a memorial was sent to 
the President of the United States declaring his unfit- 
ness and stubbornness, as well as his arbitrariness and 
usurpations, and praying, in the strongest terms for 
his immediate and unconditional removal from office. 
President Van Buren did not approve of the demand 
from the Legislature, and hence Governor Lucas 
remained in office until there was a change in the 
administration of the Federal government. The diffi- 
culties that had arisen between the Governor and the 
Legislature, and the very frequent use of the absolute 
veto power by the governor, attracted the attention of 
Congress, and some amendments were made to the 
organic law permitting the legislature to pass a 
measure over the governor's veto by a two-thirds vote, 
and also authorizing the legislature to pass laws 
permitting the people to elect all their local officers 
thus far appointed by the governor. 

24. The Second Legislature. — As a consequence 
of the large controversy that had occurred at the 
session of the first legislature, the issue of the next 
election was the curtailing the power of the governor 
and the increasing the power of the people and their 
representatives, the members of the legislature. 
*' Home rule" was a doctrine on these prairies, and 
tyranny and dictatorships were condemned as out of 
conformity with American institutions. Hence, with 
the coming together of the second legislature, there 
was no delay in taking advantage of the act of Con- 
gress. The first thing done was to provide for the 
people electing all their officials, and since that time 



50 HISTORY OF IOWA 

the governor's appointing power has been small 
indeed, and the feeling then aroused was of such 
power that the people are still jealous of their rights 
as electors in choosing officers, even if such method of 
public election is in some cases not considered best. 
This is so far true, that the people are even now in 
favor of electing United States senators at a general 
election, did the United States constitution and laws 
permit. 

The Extra Sessions of the Legislature. — Under Territorial or- 
ganizations, the legislative assembly met annually in regular session 
to transact such business as the needs of the growing population 
might demand. There were two extra sessions called during Terri- 
torial times, both being provided for by acts of the assembly approved 
by the governor. One of these occurred in November, 1840, and 
the other in June, 1844. Both of these occurred for the purpose of 
redistrictng the Territory so as better to apportion the members of 
the council and the house of representatives among the several coun- 
ties of the Territory, and also to take steps for a constitutional conven- 
tion, as statehood was recommended by the governor. In Territorial 
days the census was taken quite frequently and at irregular times, 
and in both of these cases there seemed to be a necessity to reappor- 
tion before the next assembly was chosen. There were, therefore, 
eight regular sessions of the Territorial legislative assembly from 1838 
to 1846. 

25. The Boundary Dispute with Missouri. — 
During this time the boundary line between Missouri 
and Iowa became a point of contest between the 
authorities of the State of Missouri and of the Territory 
of Iowa. On the i8th of June, 1838, Congress took 
steps to settle the growing controversy by passing a 
law to have the southern boundary of Iowa ascertained 
and marked. This act provided for a boundary com- 
missioner from each commonwealth, and one from 
the United States. Missouri declined to be repre- 



IOWA TERRITORY 5 1 

sented upon this commission, and attempted to exer- 
cise jurisdiction north of the Indian Boundary Line, 
surveyed and marked in 1816 by John C. SulHvan, by 
direction of the surveyor-general of the United States, 
and up to this time accepted as the regularly author- 
ized boundary line between Iowa and Missouri. The 
attempt to collect taxes north of this line in Van 
Buren county, by the sheriff of Clark county, Mis- 
souri, precipitated the conflict. Immediately the 
Iowa authorities proposed to leave the adjustment of 
the controversy to Congress, but the Missouri authori- 
ties proposed to assert the rights of the State by 
armed force. 

26. The Position Taken by Iowa. — Governor 
Lucas met this proposition by a rejoinder that this was 
not a controversy between a State and a Territory, 
but between Missouri and the United States, and, as 
a representative of the latter, he would hold pos- 
session at all hazards of all territory north of the 
Sullivan boundary line, and see to it that citizens of 
the United States were protected in their rights, and 
the laws faithfully and fully executed. To this end he 
called out the militia of the Territory to aid the civil 
authorities in the enforcement of law and order. 
Proclamations were issued by both governors, and war 
seemed to be promised in case of an invasion of Iowa 
by the Missouri militia; and anyone acquainted with 
the character of Governor Lucas could understand 
with what kind of a person the Missouri claimants 
had to deal, and that he would have done his very 
best to carry out his proclamation. Seeing the firm 
stand taken by Iowa, and surprised at the position of 



52 HISTORY OF IOWA 

defense assumed, the Missouri authorities allowed the 
whole matter to be referred to the United States 
Supreme Court, by whose decision all the territory 
claimed by Iowa was approved December, 1848, prov- 
ing the justice and the merit of the claim established 
and maintained by Iowa's first governor. 

27. A Change in Administration. — The year 
1 840 was a time of great political excitement in the 
United States over the election of President; even the 
Territory of Iowa was much aroused and large interest 
was the consequence. The Democratic party had 
been in control of the general government for the past 
twelve years, and, by virtue of custom and the ' 'spoils 
system," members of that party held all the ap- 
pointive officers of the Nation. Governor Lucas and 
all his associates were therefore Democrats, and, 
with a change in the National government by the 
election of William Henry Harrison as President and 
John Tyler as Vice-president, a general change came 
in all the offices, from secretary of state in the Presi- 
dent's cabinet to the smallest cross-road postmaster. 
Although President Harrison had determined to re- 
move Governor Lucas and his associates, and had 
decided to appoint John Chambers, of Kentucky, as 
Governor of Iowa Territory, yet his sudden death 
brought John Tyler to the presidency, and he ap- 
pointed Chambers as governor, March 25, 1841. He 
entered upon his duties May 13, 1841. 

28. The Seat of Government Moved. — On the 
30th day of April, 1841, Governor Lucas issued a 
proclamation changing the capital from Burlington 
to Iowa City, and convening the legislature on the first 



IOWA TERRITORY 53 

Monday of December, 1841. Governor Chambers 
accepted this conclusion, and moved the seat of govern- 
ment to the temporary capitol building provided by 
the citizens of Iowa City, until the permanent build- 
ings being erected should be completed. Thus Iowa 
City became the permanent capital of the Territory 
ind the temporary capital of the State. 

29. The Land Claim Laws. — The United States 
lias uniformly prevented the White man from invading 
ihe Indian country and settling upon the lands pre- 
vious to the going into effect of a treaty. There was 
no attempt after that to exclude settlers, but no right 
nor title to lands was recognized as being able to be 
secured until the lands were surveyed and advertised 
for sale at public auction. A pre-emption or exclusive 
right to purchase public lands could not be acquired 
until after the lands had thus been offered and not sold 
for want of bidders. Then, and not until then, could 
an occupant, making improvements in good faith, 
acquire a right over others to enter the land at a min- 
imum price of $1.25 per acre. The claim laws 
were unknown to the United States statutes or courts. 
They originated in the eternal fitness of things, and 
were enforced, probably, as belonging to that class of 
natural rights not enumerated in the constitution and 
not impaired or disparaged by its enumeration. 

30. Organization of the Settlers. — The settlers 
organized in every settlement prior to the public-land 
sales, appointed officers, and adopted their own rules 
and regulations. Each man's claim was duly ascer- 
tained and recorded by the secretary. It was the 
duty of all to attend the sales. The secretary bid off 



54 



HISTORY OF IOWA 



the land of each settler at $1.25 an acre. The others 
were there to see, first, that he did his duty and bid in 
the land, and, secondly, to see that no one else bid. 
This, of course, sometimes led to trouble, but it saved 
the excitement of competition and gave a formality 
and degree of order and regularity to the proceedings 
that would not otherwise have obtained. As far as 
practicable, the Territorial legislatures recognized the 
validity of these ''claims" upon the public lands, and 
in 1 839 passed an act legalizing their sale and making 
their transfer a valid consideration to support a 
promise to pay for the same. (Acts of 1843, P^-g^ 
456.) The Supreme Territorial Court held this law 
valid, (i. Morris, 70.) It was not, therefore, a per- 
sonally safe business for speculators or new residents to 
attend the land sales and offer to bid in the lands 
offered at auction as the laws of the United States in- 
tended, and the original squatters obtained the lands 
thus purchased if they paid the nominal price of $1.25 
allowed by law. However, many were never able to 
pay for their lands, and soon moved on to make new 
claims where the surveys were not yet completed. 



QUESTIONS AND TOPICS. 

1. What is an organic act .^^ Why was so much 
power granted the governor .-^ What is a city charter ? 
Why were ferry rights and other grants so injurious to 
the public .? 

2. What was the final effect upon Iowa of this con- 
troversy with the governor } What is "Home Rule" } 

3. What is an extra session of the Legislature .'^ 
How called t 

4. What is the effect of a change of President upon 
the territories and public offices } 



CHAPTER IV 

STEPS TO STATEHOOD 

31. The Recommendation of the Governor. — 
Governor Lucas, in his message to the extra session of 
the legislature, in 1839, recommended that the neces- 
sary steps be taken to secure the admission of the Ter- 
ritory to the Union as a State. This opinion was ap- 
proved by a majority of that legislature, and in July, 
1840, an act was passed, providing for a popular ex- 
pression on the desirability of this step. At the Octo- 
ber elections of that year, a vote was taken on the pro- 
position, resulting in the people rejecting it by a large 
majority. The issue turned mainly on the point of 
expense, it being supposed that a State government 
would be more costly to the citizens, since the Terri- 
torial government was in part maintained by the Gen- 
eral government. At the next session of the legisla- 
ture, in 1841-42, a similar act was passed, and this 
again was rejected by the people at the succeeding 
August election. Another legislative act of the same 
nature was passed February 12, 1844, submitting the 
question to the people at the ensuing April election. 
This time the proposition was received with less op- 
position, and a majority vote favored a constitutional 
convention and the preparing of the Territory for ap- 
plication to be admitted to the Union. 

32. The First Constitutional Convention. — In 

pursuance of the settled policy to seek statehood, del- 

55 



56 HISTORY OF IOWA 

egates to a constitutional convention were elected in 
August, and the convention assembled in Iowa City, 
October 7, 1844. This convention agreed upon a con- 
stitution, and submitted the same to Congress for ap- 
proval. This w2ls at a time v^hen there was much 
controversy in the United States Congress over the 
admission of States to the Union, since every new State 
was likely to disturb the balance of power that existed 
between the North and the South, between slave States 
and free States. The admission of Iowa was therefore 
resisted by the South because it would become a free 
State; besides the proposed area was too large to suit 
certain congressmen from the North who were desirous 
of making as many free States as possible, which would 
soon give to the free States the control of the United 
States Senate, and thus restrict the slave power of the 
South. Through these two causes the action of Con- 
gress was delayed until March 3, 1845, when a com- 
promise was made and a joint bill passed admitting 
Florida in the South and Iowa in the North. The act as 
passed modified the boundaries of the State of Iowa sub- 
mitted by the first constitutional convention, and again 
aroused controversies that delayed the actual admis- 
sion of Iowa to the Union until December 28, 1846. 

33. The Iowa Boundary Question. — The boun- 
daries of the proposed new State of Iowa as adopted 
by the first constitutional convention, were as follows: 
' ' Beginning in the middle of the main channel of the 
Mississippi river opposite the mouth of the Des Moines 
river; thence up the said river Des Moines, in the mid- 
dle of the main channel thereof, to a point where it is 
intersected by the 'Old Indian Boundary Line,' or 



STEPS TO STATEHOOD 57 

the line run by John C. SuUivan in the year 18 16; 
thence westwardly along said line to the ' Old North- 
west Corner of Missouri; ' thence due west to the 
middle of the main channel of Missouri river; thence 
up the middle of main channel of the river last men- 
tioned to the mouth of the Sioux or Calumet river; 
thence in a direct line to the middle of the main chan- 
nel of the St. Peter's (Minnesota) river, where the 
Watonwan river (according to Nicollet's map) enters 
the same; thence down the middle of the main chan- 
nel of said river to the middle of the main channel of 
the Mississippi river; thence down the middle of the 
main channel of said river to the place of beginning." 

34. The Act of Congress. — The change made by 
Congress curtailed the proposed constitutional terri- 
tory on the west by selecting the meridian drawn 
seventeen degrees and thirty minutes west of the meri- 
dian of Washington, as the western boundary, and 
leaving the others as already determined. This gave 
a boundary that would be located now very near the 
present boundary between Ringgold and Taylor coun- 
ties on the south and Kossuth and Emmet counties on 
the north. 

35. The View of the People. — The constitution 
as amended by Congress was voted upon by the peo- 
ple at the following April election. The party con- 
troversy became most intense and the boundary 
question was the principal discussion, though there 
were other parts of the constitution that were regarded 
as objectionable to large numbers of electors. The 
Whigs mainly insisted on rejecting statehood under 
these conditions; and the Democrats asserted that a 



58 HISTORY OF IOWA 

change of boundaries to suit the Iowa people would 
not be conceded by Congress, and that the people 
should be satisfied with the very reasonable reduction 
in the area of the State that had been made. Despite 
the arguments and the efforts of the dominant party, 
the Democrats, to support the measure, the people 
rejected the constitution by a large and decisive ma- 
jority, and, for the present, statehood plans were sup- 
posed to be at an end. 

36. The Second Attempt. — However, the Demo- 
crats still had control of the legislature, and the 
reaction against statehood being supposed to have sub- 
sided, they again in May, 1845, resubmitted the same 
constitution to the people at the August election. The 
governor, a Whig, vetoed this measure, but the act 
was quickly passed over his veto and the campaign 
was renewed in all its intensity. The Democrats again 
favored acceptance and, the Whigs again opposed, 
claiming that a new constitutional convention was a 
necessity. When the vote was counted, the proposed 
constitution was again rejected by a decisive majority. 
The friends of statehood were therefore compelled to 
call a new convention, as the politicians of national 
prominence were so anxiously waiting for the offices 
of the new state that the question could not be dropped 
from public attention. 

37. Other Constitutional Questions. — Although 
the boundary question was the most prominent in the 
party controversies concerning statehood in 1845, Y^t 
there were other points in the constitution that were 
in part the cause of its rejection. By the constitution 
of 1844, all incorporations of any kind were dis- 



STEPS TO STATEHOOD 59 

couraged and almost prohibited. Their existence was 
Hmited to twenty years, all the property of the indi- 
vidual members of a corporation was liable for its 
debts. The legislature had the power to repeal any 
law that authorized corporations and close up their 
business at any time. In addition it was stated that 
' ' the property of the inhabitants of the State shall 
never be used by any incorporated company without 
the consent of the owner." There were to be no 
banks without consent of the people, and the legisla- 
ture could not create a banking institution nor grant 
banking privileges unless the charter and all its provi- 
sions were submitted to the vote of the people at a gen- 
eral election. This was a plan to have a State bank 
with branches, if ever anything was to be done. A 
large number of the business men of the Territory 
considered these constitutional provisions too sweeping 
and too much opposed to business development and 
prosperity, and hence they also opposed with all their 
power a constitution that assumed that corporations, 
banking, and internal improvements, only possible by 
combinations of capital, were an evil, were bad public 
policy, and were therefore to be prohibited. 

38. The Opposition to Banks and Corporations. 
— The constitution of 1844 was in harmony with the 
views of the people of the Territory on the question of 
banks and other corporations. The Miner's Bank at 
Dubuque had provoked a great deal of opposition, and 
the Territorial legislature had compelled it to close up 
its business by repeahng its charter, May 14, 1845, at 
a time when the Territory was its debtor for con- 
siderable amount of borrowed money. Hostility was 



6o HISTORY OF IOWA 

greatly increased by the people being swindled by 
numerous irresponsible and fraudulent corporations. 
The Democratic party was the supporter of all this 
opposition to banks and other corporations, and, being 
in the place of authority, was able to dictate the policy 
of the constitution. The same ideas prevailed in the 
constitution of 1846. This one principle of govern- 
ment alone prevented internal improvements such as 
only incorporated companies could undertake, and 
finally led to a third constitutional convention in 1857 
that was more moderate in these particulars, and that 
provided means for such organizations of capital, with 
restrictions and liabilities, that business men and cap- 
italists would be willing to organize banks and other 
corporations. 

39. The Second ConstitTitional Convention. — 
The constitution of 1844 having been twice rejected 
by the Iowa people at the polls, it became necessary 
to bring about some compromise that would be accept- 
able alike to the people of the Territory and the Con- 
gress of the United States. It was evident from the 
debate in Congress at the time of the vote to admit 
Iowa, March 3, 1845, that Congress would never con- 
sent to admit the Territory as a State with such a large 
area, and it was also evident that the people of Iowa 
were united on the point that the western boundary 
must be the Missouri river. In 1845 great navigable 
rivers were of large importance in commerce, and to 
have on the borders of a State two such rivers as the 
Mississippi and the Missouri was considered as posi- 
tively determining the future commercial prosperity of 
its people. Today, while great water-ways are still 



STEPS TO STATEHOOD 6l 

valuable, yet, since the advent of railways, they do 
not have the importance that belonged to them at the 
time under consideration. To adjust these matters, 
and get the question again before Congress, the legis- 
lature provided for a second constitutional convention, 
to meet at Iowa City, May 4, 1846. 

40. The Result of the Work. — This convention 
assembled at the appointed time and rapidly com- 
pleted its work, as it readopted the most of the consti- 
tution of 1844. It took positive action against banks 
by prohibiting them altogether, and it modified the 
former proposition regarding corporations by prohibit- 
ing the legislature organizing any corporation by 
special acts, but authorizing general laws to be passed 
that would permit necessary and beneficial corpora- 
tions to be organized and conducted. The boundary 
dispute was compromised by placing the western 
boundary at the Missouri and the northern boundary 
at the parallel of north latitude forty-three degrees, 
thirty minutes. This convention completed its 
assigned duty. May 19, 1846, its v/ork was approved 
by the people at a popular election, August 3, 1846, 
the change in boundaries was accepted by Congress, 
August 4, 1846, and Congress admitted the Territory 
of Iowa with the new boundaries as a State, December 
28, 1846, thus closing one of the most memorable 
contests of its kind that ever occurred in the history 
of the United States of America. 

41. The Hard Times. — The financial trouble of 
1837, which produced financial ruin in older States, 
drove many families into the wilderness because they 
had not the means to pay for their lands. Following 



62 HISTORY OF IOWA 

the wake of the settler was the army of money lend- 
ers, who knew no mercy nor limit except what they 
could get from desperate necessities. The legisla- 
ture of 1843 attempted to place a limit by fixing ten 
per cent, as the legal contract rate of interest. But it 
was easy to evade the law. There was nothing to 
compel the usurer to loan money at ten per cent. , nor 
was there anything to prevent his entering the land by 
the consent of the settler, with an agreement to con- 
vey it upon the payment of an amount of money 
equal to the entrance money and forty per cent. 
Neither was it easy for the settler to earn the money 
to redeem his land. However fertile the soil, how- 
ever industrious the toiler, yet without market for his 
produce it was hard to accumulate money. These 
were days of sadness and distress. Wheat was hauled 
one hundred miles and sold for thirty-seven and one- 
half cents per bushel, corn and oats brought six to ten 
cents a bushel, pork sold at one dollar per hundred, 
and the best horses sold for fifty dollars. Nearly all 
were in debt, and the sheriff and the constable were 
the most frequent visitors at almost every man's door. 
It is not possible to do justice to the sacrifices and the 
hardships of these times. To develop a new country 
from a wilderness to a place for civilization is always 
hard enough under favorable conditions; but to expe- 
rience what the early Iowa settler was compelled to 
endure in these hard times must be left largely to the 
imagination of the reader, and then it is very doubtful 
whether his most pathetic conception can equal the 
sacrifices, the hardships, and the struggles of the first 
Iowa settlers. 



CHAPTER V 

THE DEMOCRATIC PERIOD OF STATE CONTROL: 1 846- 1 8 54 

42. The First Steps. — After the people ratified 
the proposed constitution at a popular election and 
Congress had accepted the change in boundaries, ar- 
rangements began to be made to provide for a change 
from the Territorial to the State government. To ac- 
complish and have everything ready as soon as Con- 
gress should pass the act of admission as a State, Gov- 
ernor James Clark issued a proclamation stating the 
facts and appointing October 26, 1846, as the time to 
elect State officers and members of the general as- 
sembly. 

43. The Importance of the First State Election. 
— This was a most important and interesting election, 
because the recent political controversies had some- 
what unsettled the political parties, and because the 
coming general assembly would have the privilege of 
choosing the United States senators and three supreme 
judges; and the most prominent politicians of both the 
Whig and Democratic parties were anxious not only to 
secure these offices, but also to control the destinies of 
the young and prosperous State. The election returns 
proved that the Democrats were in the majority, not- 
withstanding the party controversies, and had elected 
the governor, Ansel Briggs, and other State officers; 
but there was still much cause for anxiety, because dis- 
sensions over local matters had deprived the dominant 

63 



64 



HISTORY OF IOWA 




ANSEI, BRIGGS, FIRST GOVERNOR OF THE STATE OF IOWA, 



THE DEMOCRATIC PERIOD OF STATE CONTROL 65 

party of certain representatives that were essential to 
the election of United States senators and supreme 
judges, and had resulted in electing other persons, 
whose position on party questions was not certainly to 
be depended upon at the meeting of the General As- 
sembly. 

44. The First Deadlock. — Lee county broke the 
party traditions on local issues (on account of legal 
difficulties over the Half-breed Tract), and chose inde- 
pendent representatives, while the Democrats were 
outwitted by the Whigs in Des Moines county and de- 
feated at the polls. Shortly before the day of elec- 
tion, certain wealthy Whigs employed enough Demo- 
cratic voters and sent them out into the country, at 
extravagant wages, to drive hogs to market, a common 
occupation at that time, and although there were no 
hogs to bring in from the remote points to which they 
were sent, their absence gave the Whigs the majority, 
and they thus accomplished by stratagem what they 
were not able to secure at the polls with a full vote. 
These two events helped make the first political 
deadlock known to Iowa, and prevented the State 
of Iowa from having her lawful representatives in the 
United States Senate. 

45. The Balance of Power. — On the assembling 
of the members of the first State legislative body, cer- 
tain designing politicians, who were not directly iden- 
tified with either of the two great parties, became the 
balance of power between the opposing factions, and 
proposed to dictate the election of United States sena- 
tors and also supreme judges. Jonathan McCarty, a 
resident of the Half-breed Tract and a citizen of 



66 HISTORY OF IOWA 

Lee county, had formerly been a Democratic repre- 
sentative in Congress from Indiana. Abandoning his 
party in the great political excitement of 1840, he be- 
came the head of the Whig electoral ticket of Indiana 
for General Harrison. The Whigs having fallen into 
minority in Indiana and McCarty having thus lost his 
influence he came to Iowa, and was ready to accom- 
modate his political creed to whatever party would 
promote his individual interests. Being elected from 
Lee county under these circumstances, he thought he 
saw a chance to be elected United States senator by 
the general assembly, and, having the support of those 
who controlled the balance of power, announced his 
candidacy. His ticket was derisively named the* ' pos- 
sum ticket, " and the members who supported him were 
known as ' ' possum ' ' members. During the election- 
eering and political excitement connected with the pro- 
posed election of United States senators, a member. 
Nelson King, made the charge of an attempt to bribe 
him to secure his vote for the Democratic candidates, 
A. C. Dodge and J. C. Hall. 

46. The First Legislative Investigation. — This 
charge led to an extended investigation, in which noth- 
ing was satisfactorily proven, but on account of the tie 
between the Democrats and Whigs and the hostilities 
that thus were developed, no election resulted and the 
legislature adjourned, but not without having actually 
transacted business worthy of mention. Iowa was 
not represented in the Senate of the United States 
for the first two years of her statehood. After 
the adjournment of the general assembly, the gov- 
ernor appointed the judges of the supreme court, 



THE DEMOCRATIC PERIOD OF STATE CONTROL 67 

and started, by so doing, this department of the State 
government. 

47. The Financial Condition. — The first General 
Assembly found the new State government in debt for 
Territorial expenditures by $26,000, and with no pro- 
vision for payment. The members of the constitu- 
tional convention had not been paid, and there was no 
money to pay the salaries of the new State officers or 
the General Assembly. To meet these emergencies, a 
loan of $50,000 was authorized, and at once half the 
possible constitutional indebtedness was contracted. 
By this means, the new State was started on the high 
road to honor and prosperity. 

48. The Temperance Movement. — At this time 
also great efforts were made throughout the State for 
temperance reform. Previous to this time, the coun- 
ties had been authorized to grant licenses for the re- 
tailing of intoxicating liquors. Petitions were sent to 
this first general assembly from every part of the State 
asking that some steps be taken to suppress intemper- 
ance. The reply to these petitions of the people by 
the Assembly was in the shape of an act requiring the 
voters, at the next April election, to express an opinion 
on the propriety and necessity of licensing retailers of 
intoxicating liquors. The result of this test of 
public sentiment proved that every county in the 
State but two was opposed to the licensing of liquor 
sellers. By this vote, as provided by the law, the 
liquor traffic was to be suppressed in the counties that 
voted against license. But the anticipated effect was 
not realized, much to the disappointment of the friends 
of temperance reform, as a surreptitious traffic 



68 HISTORY OF IOWA 

sprang up that was difficult to stop, and, despite 
the large majority, the law began to grow unpopular 
and intemperance seemed to be continually increas- 
ing instead of being abolished, as the vote indicated. 
After various modifications, the struggle for law and 
order and temperance has been going on with the 
people of Iowa ever since these early days, as the 
majority of the voters have always desired the anni- 
hilation of the liquor traffic. 

49. School Legislation. — This general assembly 
also accomplished some school legislation, but through 
technical irregularities these laws were set aside by the 
supreme court. The provisions of the law included 
the election of superintendent of public instruction by 
the people on the first Monday of April, and also the 
election of school directors on the second Monday of 
April, To make this law immediately effective, the 
assembly provided that * ' this act shall take effect and 
be in force from and after its publication." The con- 
stitution of the State said that ' ' no law of the general 
assembly of a public nature shall be in force until the 
same shall be published and circulated in the several 
counties of the State by authority. If the general as- 
sembly shall deem any law of immediate importance, 
it may provide that the same shall take effect by pub- 
lication in newspapers in the State. " Since the pub- 
hcation clause of the act did not state that the act 
would go into effect by being published in the news- 
papers, the supreme court decided that the secretary 
of state had no authority to publish the act in the 
newspapers and then distribute it to the several coun- 
ties of the State, that there was therefore no law, and 



THE DEMOCRATIC PERIOD OF STATE CONTROL 69 

that the school directors elected under said law were 
not authorized to act. 

50. The First Special Session. — The decision of 
the supreme court regarding the school laws provoked 
a large demand for something to be done by the State 
to make schools and education by public authority a 
legal possibility. To remedy this, the Governor was 
petitioned to call a special session of the General As- 
sembly. The Democratic politicians also desired a 
special session for another purpose, as they had reason 
to think that death had broken the deadlock, and 
that with the new member elected to fill the vacancy, 
they could now elect United States senators and 
supreme judges. Taking these two things together, 
Governor Briggs was easily induced to call a special 
session to begin the first Monday of January, 1848. 
So far as the election of United States senators and 
supreme judges was concerned, the plan of the Demo- 
crats failed, as the Whigs were able to prevent a joint 
convention being held, and hence official matters re- 
mained another year just as they were. At this sea- 
son, however, some legislation took place that had 
marked effect upon the future of the State. An act 
was passed providing for a revision of the laws of the 
State, and commissioners were appointed to revise and 
prepare a code of laws. From this came the first au- 
thorized collection of statutes, known as the "Code 
ofi85i." 

Extra sessions of the State legislature have occurred in 1848, 1856, 
1861, 1862, 1897. These were called by the governor under the 
authority granted by the constitution. In 1873, an adjourned session 
of the general assembly occurred for the purpose of revising the code. 

The first extra session, held in 1848, was specially called to elect 



70 HISTORY OF IOWA 

United States senators and State supreme judges. The second extra 
session of the assembly was called by Governor Grimes in 1856. It 
met July 2, and adjourned July 16. It was called for the purpose of 
disposing of the land grants made by the General government for 
railroad construction and development. 

The third extra session was called by Governor Kirkwood, May 
15, 1861. It was called for the purpose of making provision for 
borrowing $800,000 for defense, and for raising regiments of soldiers 
for the Union army. The session lasted two weeks. 

The fourth extra session was called by Governor Kirkwood, Sep- 
tember 3, 1862, and adjourned in a week. The real object of this 
session was to provide means by which the Iowa soldier could cast 
his vote while he was at the front, assisting in putting down the 
Rebellion. 

The adjourned session of 1873 was not, technically speaking, an 
extra session, as it was not called by the governor. It met to codify 
the law, and gave to the State the Code of .1873. 

The fifth extra session was called by Governor Drake, January 
19, 1897, for the purpose of revising the code and harmonizing the 
laws of the State, and of providing for the rebuilding of certain 
State institutions that had been burned, as well as providing a general 
law for such future contingencies and catastrophies. 

5 1 . Railroad Agitation and its Effect. — During 
this special session of the general assembly, the excite- 
ment concerning railroad enterprises struck Iowa, and 
the greatest interest and enthusiasm prevailed. A 
public convention was held at Iowa City, which was 
largely attended, considering the means of transporta- 
tion at that time. Two projected roads were consid- 
ered, one from Davenport via Iowa City to Des 
Moines and Council Bluffs, and another from Dubuque 
via Iowa City to Keokuk. To aid in these popular 
enterprises, the general assembly memorialized Con- 
gress for a grant of public lands, consisting of alter- 
nate sections for a distance of five miles on each side 
of the proposed railroads, to help develop and con- 
struct the roads. Those most active in the whole 



THE DEMOCRATIC PERIOD OF STATE CONTROL 7 1 

matter at first were seeking political preferment rather 
than the building of railroads, and they took this plan 
to get the public attention to their large and disinter- 
ested motives, but they built better than they knew or 
intended, as the public mind was caught and aroused 
thereby, and railroad building became very soon ready 
for the projector, the capitalist, and the surveyor, and 
was closely followed by actual construction. 

52. The Election of 1848. — The year 1848 gave 
Iowa plenty of political interest and activity. There 
were two elections, one in August to elect two mem- 
bers of Congress, the State officers, and the members 
of the legislature; and one in November to choose 
electors for President and Vice-president, Lev/is Cass 
and Zachary Taylor being the National candidates of 
the democratic and whig parties. The contest was 
regarded as close, and both parties were awake to the 
necessities of the times. The * deadlock ' of the 
first General Assembly had intensified the strife, as it 
gave both parties a reasonable hope that effort might 
bring victory. Such being the case, no lack of enter- 
prise or enthusiasm was known to exist. Everything 
stopped that the canvass might be properly made and 
the issues properly discussed. 

53. The Mormon Vote. — Just at this time there 
was a large settlement of Mormons who had taken up 
their residence in Iowa, outside of an authorized 
county. Their location was at Kanesville, now Coun- 
cil Bluffs. Their vote, being represented as from 
eight hundred to one thousand, was a matter of great 
consideration. On account of religious controversies, 
they had abandoned Illinois and had become in- 



72 HISTORY OF IOWA 

different to politics, and desired to keep outside of the 
pale of modern civilization, with which they had so 
little in common. By their help, the Whigs could 
carry the first congressional district, and probably the 
State, and the election of Whig candidates in the west- 
ern part of the State would in all probability give the 
Whigs a majority in the legislature. There were per- 
sonal and religious reasons why the Mormons would be 
likely to support the Whig ticket, and hence this crisis 
of affairs greatly disturbed the Democrats. They had, 
however, control of the State government, and by that 
means delayed the organization of the new (Pottawat- 
tamie) county, to prevent such a possibility occurring. 
To meet this opposition to the carrying out of popular 
government, the Whigs had Monroe county organize 
a township at Kanesville for the assumed election of 
justices of the peace, and thus obtained the vote of 
that part of Iowa for the adherents to the Whig ticket. 
Greatly to their surprise, after victory was thus cer- 
tainly assured, the clerk of Monroe county declined to 
receive the poll books and returns from Kanesville on 
the ground that Monroe county had no right to organize 
the township, and the Mormon vote was not counted 
— thus making the Democratic party successful in 
electing the State, congressional, and electoral tickets. 
Great was the rejoicing over this narrow escape from 
defeat, and, through the act of this one officer, several 
names are now more prominent in Iowa political his- 
tory, while the clerk's name and deed are practically 
forgotten. 

54. The Second General Assembly (1848). — 
The first act of the second general assembly was the 



THE DEMOCRATIC PERIOD OF STATE CONTROL 73 

election of United States senators. December 2, 1848, 
Augustus C. Dodge, of Burlington, and George W. 
Jones, of Dubuque, were chosen to these most impor- 
tant positions. On the 26th of December, they took 
their seats in the United States Senate at Washington, 
D. C. In accordance with custom, they drew lots to 
see which one would have the long term and which 
one the short term. Senator Dodge drew the short 
term, expiring March 4, 1849. As soon as the gen- 
eral assembly learned this, a second joint convention 
was held, and Senator Dodge was re-elected for the 
coming six years without opposition. 



QUESTIONS AND TOPICS. 

1 . How does a territory become a State ? What is 
a constitutional convention ? Rights of congress as 
to boundaries of new States ? Rights of the people as 
to admission to the Union.? 

2. Why were the people opposed to banks and cor- 
porations ? 

3. What was the effect of the hard times ? 

4. How is a State election conducted ! What were 
the great political parties at this time .-* In what did 
they differ ? 

5. What were the temperance views of the Iowa 
people at the beginning ? 

6. Who were the Mormons ? Give a brief account 
of them? 



CHAPTER VI 

THE TRANSITION PERIOD IN ORGANIZATION AND LEGIS- 
LATION: 1 8 54-1 857 

55. A Period of Organization. — The times rep- 
resented by 1848 to 1857 were devoted to the work of 
organizing, developing, and establishing the new State. 
These were great years for emigration. Large dele- 
gations from the States east as well as from foreign 
countries came and rapidly filled up the vacant prair- 
ies. These settlers were ambitious, enterprising, pro- 
gressive young people, anxious to make a place for 
themselves in the world, and ready to perform the 
necessary labor to accomplish the desired end. The 
constitution interfered with internal improvements 
by its restrictions concerning the organization and 
management of corporations, while the entire prohi- 
bition of banks gave the State a currency obtained 
from other States, that was as fradulent and as 
treacherous as anything could be. Iowa became the 
place in which to unload all this worthless currency of 
neighboring States, and there was no means of defense, 
as there were no banks of her own to which her 
citizens could come for relief. These days had been 
speculation-wild, and with the financial crisis of 1857, 
large numbers of the banks failed, and the holders of 
this worthless currency found themselves to be great 
losers. One other thing added to the general distress; 

there being no banks in the ordinary sense, and as the 

74 



THE TRANSITION PERIOD IN ORGANIZATION 75 

people had to do business in some way, a large number 
of firms became in fact private banks, and had large 
credits from the people. With the stress of the times, 
these business houses were many of them compelled 
to close up and were bankrupt, so that very hard 
times came upon the people. 

56. The Economical Management of These 
Times. — The State government was started on an 
economical basis; no ofBce-holder was privileged to 
get wealth at the expense of the people. The mem- 
bers of the general assembly received each two dollars 
a day for the first fifty days of the session, and one 
dollar a day thereafter. The sessions were to be 
biennial, not annual as in Territorial times. The 
salaries of the state officers were limited for the first 
ten years as follows: Governor, $1,000 per annum; 
secretary of state, $500; treasurer of state, $400; 
auditor of state, $600; judges of supreme court, 
$1,000 each. Judging from the history of these days 
and the talent that filled the public offices, there does 
not seem to have been any discouragement to the best 
talent seeking these positions. During the first ten 
years of the State's history, none of these officers 
were ever known to receive bribes or to steal one 
dollar of the public money. At the time of the 
organization of the State, the population of the 
State was determined, by the census of 1847, to have 
been 116,651. 

57. The Spirit of Speculation. — The result of 
so much land for purchase, and the proposed devel- 
opment of so many railroads, led to a spirit of 
speculation that was very prevalent in 1856. One 



76 HISTORY OF IOWA 

of the most injurious effects came from the pur- 
chase and entry of great bodies of government land 
within the State by non-residents. This land was 
held for speculation and placed beyond the reach of 
actual settlers for many years. From no other one 
cause did Iowa suffer more than this short-sighted 
policy of the Federal government in selling lands 
within her borders, as the speculators profited by the 
settlers' labor and enterprise, and simply waited the 
time to come when they could sell their investments 
at a greatly increased price. The National economy 
of statesmen should have been more to develop 
''homes for men and the seats of empire," rather 
than to increase the wealth of the speculator who had 
no interest in the welfare of the State. A single 
regiment of Iowa men in 1861 was worth more to the 
Nation than all the money the government ever 
obtained from the toil and sweat of the settlers in the 
era of speculation. The crash of 1857 put a stop to 
this speculation, and the taxes imposed upon the non- 
resident in building school houses and other public 
buildings made the business of land-holding even as a 
speculation an undesirable investment. 

58. The State University of Iowa. — The second 
general assembly also decided to establish a State 
university, and, to insure its support, to dispose of 
the two townships of land given by Congress for that 
purpose. The main institution was located at Iowa 
City. One branch was to be at Dubuque and one at 
Fairfield, while normal schools were also to be estab- 
lished at Andrew, Oskaloosa, and Mt. Pleasant, res- 
pectively. It is probable that no other kind of a 



THE TRANSITION PERIOD IN ORGANIZATION 77 

founding act could have been passed, since self-interest 
had to be more or less consulted, and by this arrange- 
ment every part of the State considered that its local 
interests had been carefully and conscientiously 
regarded. There was a consequent delay in carrying 
out this legislative plan for higher education, but the 
people were thus preliminarily educated for what was 
afterward to follow. Oskaloosa and Andrew erected 
buildings, and local interest began to get ready for the 
opening of the schools, but in the meantime better 
counsels prevailed, this policy of scattering the schools 
was repealed, and all the funds were applied to the 
main institution at Iowa City. 

59. School Legislation. — Under the developed 
conditions and the increase of population, the State 
had outgrown the school system that had been pro- 
vided, and the public demand became quite general 
for a more useful system of organization. This 
reached such a condition that in 1853 ^ l^-w was 
passed extending the power of the school districts 
and increasing the influence of education among the 
people. The city of Muscatine led in this movement. 
George B. Dennison, then principal of schools in that 
city, prepared a bill specially for that school district 
and asked that a charter be given Muscatine with 
these powers. The proposed law was so well put and 
so happily prepared that instead of giving it to Mus- 
catine alone, it was passed as a general law for the 
entire State. These were the first provisions for pub- 
lic schools in Iowa, yet they were not yet free schools. 
In May, 185 1, the first graded school in Iowa was 
opened at Muscatine. The rate system prevailed, and 



78 HISTORY OF IOWA 

people paid tuition for the support of the teacher, and 
cooperation among the people in the maintenance of 
schools had yet only gone as far as the building of 
school houses. December 9, 1854, Governor Grimes 
in his message recommended the adoption of the tax 
system, whereby teachers and contingent expenses 
were to be paid by a tax levied upon the assessed 
property of the districts. While his suggestions 
received large attention, and were considered with 
much favor, yet this plan was not adopted and did 
not take effect until 1857, at the close of Governor 
Grimes' administration — the time of the beginning of 
the school system at present prevailing in the State of 
Iowa. 

60. The Hungarians in Iowa. — Previous to 1859, 
civil war had been in progress in the province of Hun- 
gary, under the leadership of Louis Kossuth. The 
Hungarians made great effort to throw off the Austrian 
yoke and establish a free government. The people of 
the United States watched this struggle with a great 
deal of solicitude. When Austria, with the help of 
Russia, succeeded in subduing the rebellion, many of 
the Hungarians were compelled to flee from their 
country. A large party of these refugees, escaping 
from the vengeance of the Austrian government, came 
to the United States and settled in Iowa, on Grand 
river, in the southern part of Decatur county. From 
the number that came there, it was supposed that they 
would build a large town and establish an extensive 
settlement. Always in sympathy with the oppressed, 
the people of Iowa gave them a hearty welcome, and 
the general assembly adopted a memorial to Congress 



THE TRANSITION PERIOD IN ORGANIZATION 



79 



to have the United States make a donation of public 
lands for their benefit, and thus give them a home with 
the hospitable welcome already accorded. The pros- 
pects for this being done were excellent, as the Presi- 
dent witheld the lands from sale, but the wmter that 
followed was so much colder than they were accus- 
tomed to in their native country, and besides since 
they were by occupation accustomed chiefly to grape 
culture, they became discouraged and abandoned the 
Iowa settlement, and removed to Texas. 

6 1 . The G-reat Seals of Iowa. — The use of a seal 
to give legal authority to ofBcial and governmental 
papers has long been a custom. For the attesting of 
all papers issued by the gov- 
ernor, the great seal is used by 
the secretary of state in coun- 
tersigning all proclamations and 
commissions issued by the State. 
Iowa has had two great seals, 
differing in a marked way as to 
design. The first was used dur- 
ing the Territorial times, and the 
design consisted of an eagle bearing in its beak an 
Indian arrow, and clutching in its talons the unstrung 
bow. This simple seal was provided by the first Ter- 
ritorial secretary, William B. Conway, at the request 
of the legislative council, and was adopted by that 
body November 23, 1838. This design is popular and 
is still admired by many good judges of this kind 
of art. It afterwards appeared on the State geolog- 
ical reports, and was also placed on the Iowa 
National bank notes furnished by the government 




8o HISTORY OF IOWA 

to Iowa banks. This original seal was lost in the 
removal of the State property from Iowa City to 
Des Moines. The second seal was authorized by law, 
February 25, 1847. It was intended to represent 
civilization, liberty, industry, progress, and valor. The 
design was prescribed by law as follows: ** It shall be 
two inches in diameter, and have engraved around its 
edge the words, ' The Great Seal of the State of 
Iowa. ' It shall consist of a sheaf and field of stand- 
ing wheat, with a sickle and other farming utensils, on 
the left side near the bottom; a lead furnace and pile 
of pig lead on the right side; the citizen soldier, with 
a plow in his rear, supporting the American flag and 
liberty cap with his right hand, and his gun with his 
left in the centre and near the bottom; the Mississippi 
river in the rear of the whole with the steamer Iowa 
under way; an eagle near the upper edge holding in 
his beak a scroll with the following inscription upon 
it: * Our liberties we prize and our rights we will main- 
tain.' " With such explicit orders, the artist had 
little to do with the design, except to conform to law. 
The ingenuity of skill and cunning has been very 
severely taxed to place so much upon so small a space. 
Because of its complexity of design, the coat of 
arms thus adopted is but little used by the people of 
Iowa, and has never had a chance, therefore, to be 
either popular or appreciated as has been the case with 
those adopted by many other States. 

Note.— The census of 1854 gave the first indication of the rising 
tide of immigration, and also betrayed, through its accounting for 
the sources of this population, that there were material modifications 
in progress that would eventually change the political sentiments and 
policies of the State. The earliest settlers had come from southern 



THE TRANSITION PERIOD IN ORGANIZATION 8l 

Ohio, Indiana, and Illinois, and also from the more northerly South- 
ern States. This accounts for the political tendencies of the early 
State policies. The next people came in large numbers from Penn- 
sylvania, and after the failure of the revolutionary movements in 
Europe in 1848, many of the people of those countries came to the 
United States, and Iowa attracted, for a time, a large proportion of the 
agriculturalists. Finally the majority of the immigrants came from 
northern Ohio, from New York, and from New England, while Penn- 
sylvania and Europe still continued a fair proportion. The story of 
the origin and modification, through immigration, of the Iowa peo- 
ple answers many inquiries that will arise concerning social and polit- 
ical progress, moral reforms, and permanent changes in public policy. 
The character and the training of a people are the proper explana- 
tion for the chief differences that exist between states, both as to 
fundamental theories and actual practice. The year 1854 united 
Lake Michigan and the Mississippi river by the completion of a rail- 
road. Iowa at once began similar public improvements and every 
train westward carried its contingent of immigrants to still add to 
the growing population of energetic and enterprising citizens. The 
census of 1856 and likewise of 1860 each tells a remarkable story of 
increase of population, of development of resources, and of multi- 
plication of wealth. 

QUESTIONS AND TOPICS. 

1. How are public lands sold ? When could peo- 
ple settle upon the public lands ? What is a squatter ? 
What is a government patent ? Difference between 
warranty deeds and government patents ? 

2. What is the use of a seal ^ Origin of the use ? 
Compare the Iowa territorial seal and the seal of the 
United States ? 



CHAPTER VII 

THE REPUBLICAN PERIOD OF STATE CONTROL 

1857- 

62. The Change in State Policy. — From the 
beginning of Territorial government in 1838 to the 
year 1854, the Democratic party was in power, con- 
trolling all the legislation and dictating the policy of 
Constitution and laws. With the advent of a new 
school of politics, represented by the supporters of 
Governor James W. Grimes and the Republican party, 
there came a growing conviction that a new constitu- 
tion, more in accord with modern notions, should be 
framed. Under the Democratic party there was no 
National money except silver and gold, called by the 
supporters of this policy, ' * the money of the Consti- 
tution." All other currency of any kind was left to 
the several States to provide, the Democratic party be- 
lieving quite thoroughly in state rights. For the 
reasons heretofore given, the Democratic party was 
absolutely opposed to having any banks in the State, 
and it was likewise much opposed to any policy that 
would organize any permanent corporations that 
might have, through long continuance, the power to 
interfere with the public good. Hence, during these 
years there was no chance for anything of such kind to 
be organized. 

63. Other Things that Hastened the Change. — 
In addition, the Democratic party had, in fact, been very 

82 



THE REPUBLICAN PERIOD OF STATE CONTROL 83 



strenuous in legislation that prohibited and restricted 
^che liquor traffic. In season and out of season, its 
policy had been such that it arrayed against it 
those voters of more liberal view, who preferred 
different customs, and whose habits made them desire 
a granting of fa- 
vors to this inter- 
dicted traffic. The 
hard times, that 
were beginning to 
be felt in the whole 
country, together 
with the great con- 
troversy regarding 
the slavery ques- 
tion that was at- 
tracting so much 
attention at this 
period of history, 
added to these mat- 
ters above stated, 
led to the defeat of the Democratic party in 1854, and 
to the victory of the Republicans, in the electing of 
James W. Grimes as Governor and a General Assembly 
in harmony with him, that began to legislate to re- 
organize the State government in accordance with the 
views the party represented. The practical result of 
the prohibition of any system of banking in the State 
was to flood Iowa with every species of ' ' wild cat ' ' 
currency. The circulating medium of the people was 
made up in part of the free-bank paper of Illinois and 
Indiana. In addition to this, paper was being issued 




JAMES W. GRIME^S. 



84 HISTORY OF IOWA 

by Iowa brokers who had obtained so-called bank char- 
ters from the Territorial legislature of Nebraska, and 
had their pretended headquarters at Omaha and Flor- 
ence. This current money was also well assisted with 
the bills from other States, generally such as had the 
best reputation where they were least known. This 
paper money was all at two per cent. , and some of it 
ten to fifteen percent, discount. Every man who was 
not an expert in detecting counterfeit bills, and who 
was not posted in the history of all forms of banking 
institutions, did business at his peril. 

64. . The Third Constitutional Convention. — 
Provision was therefore made by the general assembly 
for a constitutional convention to remedy these defects, 
said to exist, in the fundamental law of the State and 
to make such modifications as would more nearly con- 
form with the new spirit of progress and of im- 
provement that came with the change of State policy. 
This convention assembled at Iowa City, January 19, 
1857, 3.nd, completing its work, adjourned March 5, 
1857. There were quite a number of very important 
changes and amendments made in the Constitution of 
the State by this Convention, but only the more rad- 
ical ones can be mentioned here. 

1. Provision was made that every tenth year after 
i860, the people should decide, at the time of the reg- 
ular election, whether a new constitutional convention 
should be called, 

2. Provision was made for a Lieutenant Governor to 
be the President of the Senate, and to fill any vacancy 
in the office of Governor that might be caused by 
the death, resignation or other disability of that officer. 



THE REPUBLICAN PERIOD OF STATE CONTROL 85 

3. It changed the period of taking the State census 
to every ten years, instead of every two years as under 
the first constitution. 

4. It changed the prosecuting attorney as elected by 
each county, to a district attorney elected by each 
judicial district. 

5. It changed the selection of Supreme Court Judges 
from the General Assembly to the people at the regu- 
lar election of other State officers. 

6. It changed the length of term of the Governor 
from four years to two years. 

7. It provided for an attorney general to be elected 
by the people. 

8. It increased the limitation of State indebtedness 
from $100,000 to $250,000. 

9. It provided for the protection of the permanent 
school fund, by making the State responsible for every 
dollar of the same, so that any losses became a perma- 
nent funded debt until they were paid. 

10. It provided for the more liberal treatment of 
corporations, organized for pecuniary profit. 

11. It permitted the General Assembly to organize a 
State bank, to be founded on an actual specie basis. 

12. It provided for a general banking law, under 
suitable restrictions. 

13. It organized a State Board of Education to have 
charge of the educational interests of the State, that 
should exist until 1863, when reorganization or abol- 
ishment was permitted. 

14. It located the permanent seat of State govern- 
ment at Des Moines, and of the State University at 
Iowa City. 



86 HISTORY OF IOWA 

This Constitution was submitted to the people for 
approval, and was adopted by the popular vote 
August 3, 1857. Following this, Governor Grimes, 
by proclamation issued September 3, 1857, declared 
the result and announced the New Constitution as the 
supreme law of the land. 

65. Railroad Legislation. — As a result of the 
interest in railroad building, developed by the con- 
vention held at Iowa City in 1848, such enterprises were 
started, though the Constitution of 1846 was not 
friendly to corporations organized for pecuniary profit. 
The Congress of the United States became inter- 
ested about the same time and began making large 
grants of land to Western states, to assist such public 
improvements. Hence, in 1854, the first railroad in 
Iowa was built from Davenport to Iowa City, a dis- 
tance of fifty-five miles, the first rail having been laid 
in Davenport in May of that year, at or near high- 
water mark on the banks of the Mississippi river. 
The first locomotive in Iowa was landed at Daven- 
port in July, and was called the * ' Antoine Le Claire, ' ' 
after the man who had been the ** First citizen of 
Davenport" in the pioneer days. This road was then 
called the Mississippi and Missouri River Railroad, 
but is now known by the name Chicago, Rock Island 
and Pacific Railway. 

66. Effect of the New Policy. — With the advent 
of a new political policy toward corporations organ- 
ized for pecuniary profit by their stockholders, and 
with a modification in the Constitution as well as more 
liberality in the laws, and with the large land grants to be 
used in building railroads, this State became the center 



THE REPUBLICAN PERIOD OF STATE CONTROL 87 

of great activity in the construction of such pubHc im- 
provements. Railway construction companies were 
organized to prosecute the work and the General 
Assembly distributed the lands to them on such con- 
ditions as to prepare the way for State control. 

67. The First Land G-rants. — The first Congres- 
sional land grant, approved May, 1856, was for the 
encouragement of the building of four railroads: (i.) 
From Burlington to the Missouri river, near the mouth 
of the Platte river. (2.) From Davenport via Iowa 
City and Des Moines to Council Bluffs. (3.) From 
Lyons, north-westerly to a point of intersection with 
the main line of the so-called **Iowa Central Air Line 
Railroad," near Maquoketa and thence on said main 
line, running as nearly as practicable on the 42d. par- 
allel across the State to the Missouri river. (4.) From 
Dubuque to a point on the Missouri river at or near 
Sioux City. This land grant conferred upon the State 
the odd numbered sections six miles in width on each 
side of the railroads, so projected, to be used as help 
in the construction. A special session of the General 
Assembly occurred in July, 1856, and on the 14th. of 
that month the grant was accepted by legislative act 
and at once regranted to the proposed roads. All these 
roads, with the exception of the '*Iowa Central Air 
Line," accepted the grants and began construction, 
and in the time required, completed the roads and 
opened them to trafBc. The lands not accepted were 
afterwards granted with the permission of Congress, to 
the Cedar Rapids and Missouri River Railroad. These 
roads when constructed, after a time passed into the 
control of the Chicago, Rock Island and Pacific Rail- 



88 HISTORY OF IOWA 

way, Chicago, Burlington and Quincy Railway, Chi- 
cago and Northwestern Railway, and Illinois Central 
Railway. Again on the I2th of May, 1864, Congress 
granted lands to the State to aid in building a railroad 
from McGregor to Sioux City. This grant conferred 
upon the State every alternate section ten miles on 
each side of the line. 

68. The Des Moines River Land G-rant. — By an 
act approved August 8, 1846, Congress had already 
granted to Iowa the alternate sections of land on 
each side of the Des Moines river for six miles, for 
the purpose of improving the navigation of that river 
from its mouth to the Raccoon Fork, at Des Moines. 
In 1847 Iowa organized a board of public works, 
and began constructing dams and locks at large 
expense at four or five important points. Finally the 
grant was so changed as to allow the State to transfer 
its interests to the Des Moines Navigation and Rail- 
road Company — a corporation that was authorized to 
develop and control this internal water-way, and also 
to build a railroad in case that might prove more 
advisable. The State had already disposed of most of 
the lands below the Raccoon Forks, and, as very soon 
there were adverse rulings regarding the United States 
having granted the lands north of the Forks, the Com- 
pany effected a compromise by which it accepted all 
the lands certified to the State prior to 1857 and paid 
the State $20,000 cash in addition to what had already 
been expended by the Company, and abandoned the 
work, leaving it as the property of the State. This 
expensive venture proved to be entirely useless, and 
in 1862 Congress settled the original question perma- 



THE REPUBLICAN PERIOD OF STATE CONTROL 89 

nently by naming the extent of the grant as the northern 
boundary of Iowa, and the General Assembly, then, 
granted these lands to the Des Moines Valley Railroad 
Company, for the purpose of building a railway up the 
valley of the Des Moines river. 

69. What the United States did for Iowa. — 
There were, therefore, these land-grant railroads, which 
received from the United States the great donation of 
4,394,400 acres of the best land of this rich State, 
and by whose building the other lands were opened 
and settled with a rapidity that had never before been 
known. These land grants were an important factor 
in the civil development of the State of Iowa, and had 
much to do with the great progress that came so 
suddenly to a new and unsettled country — without 
which it would have been many years, before the great 
and extensive prairies, without woodland for miles, 
would have been subdued by advancing civilization. 
The State distributed these lands to the following rail- 
roads : 

Burlington and Missouri River 292,806 acres. 

Mississippi and Missouri River 482,374 acres, 

Cedar Rapids and Missouri River 735,99*7 acres. 

Dubuque and Sioux City 1,232,359 acres. 

McGregor and Sioux City 137,572 acres. 

Des Moines Valley 1,105,381 acres. 

Sioux City and St. Paul 407.910 acres. 

70. Founding State Institutions. — When the 
Republican administration came into power, it found 
the State with the debt of $50,000 borrowed at the 
organization of the State government in 1846. The 
previous policy had observed the most rigid economy, 
but had made no provision for paying this debt, and 



90 HISTORY OF IOWA 

had done nothing to provide for the insane, the deaf, 
the blind, or the feeble-minded. Temporary schools 
for the deaf and the blind had been organized, but, 
save the old stone State House at Iowa City and an 
inadequate penitentiary at Fort Madison, the State was 
yet without public buildings. In 1856 and 1858, large 
appropriations were made for the erection of public 
buildings, and the support of the unfortunate classes, 
and a loan of $200,000 was authorized. The contest, 
at the election of 1859, was a spirited one. Samuel 
J. Kirkwood was nominated for Governor by the 
Republicans, and Augustus C. Dodge, then just 
returned home from a mission to Spain, was nomi- 
nated by the Democrats. There was the slavery ques- 
tion, the charge of extravagance in State management, 
and the size and the extent of the insane hospital at 
Mt. Pleasant, that made the controversy interesting. 
Kirkwood was elected by a good majority. 

71. The State Banking System. — The New Con- 
stitution also gave birth to the State Bank of Iowa, 
which was perfected by the law of 1858, at the first 
session of the General Assembly that was held at the 
new capital, Des Moines. This law gave Iowa good 
money and a secure home-banking system on a specie 
basis, from which no financial disasters came during 
its continuance. With the establishment of the Na- 
tional Banking System in 1865,* the State Bank of 
Iowa was closed, as National bank currency legallyt 
took the place of all paper money issued by the states. 

* Original act passed Congress February 25, 1863. 
f Amended act taxing State banks 10 per cent, on circulation passed 
Congress March 3, 1865- 



THE REPUBLICAN PERIOD OF STATE CONTROL 9 1 

Since that time other banks called State banks have 
been provided by law, but they are limited in function 
to accepting deposits and doing a general banking 
business and do not issue any currency. These banks 
are now quite generally established in the business 
centers of the State, and are regarded as equivalent in 
security and public benefit to National banks, though 
enjoying only a part of their functions in the banking 
world. When the National Banking System was estab- 
lished, there were 10,000 different kinds of bank notes 
in circulation in the then thirty-four States of the Union. 
72. Temperance Legislation. — Iowa, even as a 
Territory, passed prohibitory and restrictive legislation 
concerning the sale of, and the traffic in intoxicating 
liquors, and has never since that time abandoned the 
principle involved. The struggle for sobriety, total 
abstinence, and legal restraint of the liquor traffic has 
been continuous. In 1858 there was a political 
movement that legalized the sale of ale, wine, and beer, 
and to some extent local option and license asserted 
themselves as a State method of dealing with the drink 
traffic; but there was continual and heated controversy 
and frequent prosecution of violators of the laws. The 
purpose of the Law of 1858 was to allow the weaker 
liquors, like ale, wine, and beer to be sold, but also to 
absolutely prohibit the sale of stronger drinks, like 
brandy, whisky, and rum. This system, however, did 
not succeed, to the satisfaction of the people of the 
State, because the established saloons, quite generally, 
not only sold the permitted liquors, but also violated 
the law and sold prohibited liquors. This led to so 
much political and legal controversy that it kept the 



92 HISTORY OF IOWA 

question perpetually in politics and in the courts in 
the centers of population — the cities and towns, — and 
finally resulted in a proposition for a Constitutional 
Amendment that passed successively two general as- 
semblies and received 30,000 majority in its favor on 
the part of the people, at a non-partisan election in 
1882. Through a clerical error, made by the general 
assembly at one passage, the amendment became 
invalid, the supreme court declaring the procedure of 
adoption not properly obeyed. But the sentiment of 
the people was so pronounced, and the public pressure 
so strong that the next general assembly (1884), passed 
a prohibitory law and gave the State by statute, what 
was sought by amendment to the constitution. Then 
came the application of the law, the liquor traffic re- 
sisting every point until the supreme court had estab- 
lished such act as constitutional in every respect. 
Difficulties in certain counties, cities, and towns made 
the local enforcement of this law practically impossi- 
ble, so that a new law was passed March 29, 1894, 
permitting such cities and towns as desired saloons to 
establish them by petition. If the per centage of voters 
that petitioned was sufficient as required by law, the 
so-called * ' mulct law ' ' prevailed in said community, 
until prohibition was again restored by a large enough 
percentage of voters again petitioning for its restora- 
tion. There have been few problems in civil govern- 
ment that have received as much attention from Iowa 
legislators, politicians, and people as has the control 
and suppression of the liquor traffic during the first 
fifty years of Iowa history. 



CHAPTER VIII 

IOWA IN THE DAYS OF CONTROVERSY AND WAR 

1859-I865 

73. The Slavery Question. — By the Missouri 
Compromise, Iowa became a State in which slavery 
** was forever prohibited," yet at one time there were 
a few slaves on this soil who were sold by their 
masters to traders who took them South. This fact of 
the prohibition of slavery caused the settlers that came 
to Iowa to be chiefly opposed to that institution, and 
they were therefore hostile to its extension on any 
conditions. December 9, 1854, Governor Grimes 
gave in his message the memorable words that struck 
the key note of the political history of the State for 
many years: *'It becomes the state of Iowa, the 
only free state of the Missouri Compromise, to let the 
world know that she values the blessings that Com- 
promise has secured for her, and know that she will 
never consent to become a party to the nationaliza- 
tion of slavery." This was Iowa's answer to the 
proposition made in Congress in 1854 ^^ repeal the 
Missouri Compromise. In the midst of the great 
political agitation that existed in the Union, Mr. 
Grimes was nominated for Governor, and being sup- 
ported by both Whigs and Free-soilers, he conducted 
a spirited and successful campaign and was elected 
by 2,468 majority. An entire change at once began 
in the political history of Iowa, and soon a like 

change followed in the majority of the states in the 

93 



94 HISTORY OF IOWA 

Union. Mr. Grimes' campaign and election was the 
first very prominent large movement toward the organ- 
ization of the Republican party. Six years later Abra- 
ham Lincoln was elected President of the United 
States, and the entire governmental policy of the Great 
Republic as regards slavery and also as regards tariff 
taxation was changed. 

74. Controversies Over Suffrage. — The new 
Constitution opened up the controversy concerning 
suffrage by providing for a vote of the people on 
striking the word ''white " out of the suffrage clause. 
There were already quite a number of negroes in 
Iowa, and this question of enfranchising them was one 
of the first discussions of the kind that occurred in the 
United States. Since the organization of the State 
there had been a law upon the statute books providing 
that no mulatto, negro, or Indian should be a compe- 
tent witness in any suit or proceedings to which a 
white man was a party. The general assembly of 
1856-57 repealed this law and the new constitution 
contained a clause forbidding such disqualification in 
the future. The word ' * white ' ' was retained in the 
constitution, but the repeal of the ' ' color line ' ' law and 
the proposition to remove the color line from suffrage, 
together with a law that provided in a broad sense for 
the education of ' 'all youth in the State' ' through a sys- 
tem of common schools, made the political excitement 
intense, since fundamental constitutional problems 
were being considered, and a radical change seemed 
promised, unless it could be defeated at the polls. 
The Democrats made a bold attack upon the Republican 
party because of the repeal of the ** black laws " and 



IOWA IN THE DAYS OF CONTROVERSY AND WAR 95 

the provision for negro education, and made a strong and 
successful appeal to the feeling of race prejudice which 
still prevailed in the State, as was proven by the defeat 
of the proposition to strike out then, the word * ' white ' ' 
from the Constitution of 1857. The result was, how- 
ever, a victory for the Republican party, as the vote 
of Iowa since that time has almost universally sup- 
ported the policies of that party. The word ' ' white ' ' 
was afterward, in 1868, stricken out of the Constitution 
by the approval of the people at a general election. 

75. The Republican Party Supreme. — In Janu- 
ary, 1858, the general assembly met for the first time 
at Des Moines. Political party supremacy was gradu- 
ally slipping from the hands of the Democrats. 
Already in 1855, James Harlan had been elected United 
States senator by the general assembly, and Augustus 
C. Dodge, representing the old regime, was retired. 
The assembly of 1858 completed this policy by elect- 
ing James W. Grimes United States senator and 
retiring George W. Jones, who had been associated 
with Iowa politics from the beginning of its history. 

76. The Campaign of S 860. — The presidential 
campaign of i860 was a remarkable one for Iowa, 
and helped make the civil history of the State. The 
fact that civil war seemed imminent, in case of Abra- 
ham Lincoln's election to the presidency of the United 
States was well understood and considered. There 
was a disposition, however, to consider and decide 
these issues, uninfluenced by any threat of violence or 
civil war. Already in 185 1, the general assembly, by 
joint resolution, had declared that the state of Iowa 
was * ' bound to maintain the union of these States by 



96 HISTORY OF IOWA 

all the means in her power. ' ' The same year the 
State furnished a block of marble for the Washington 
Monument, and by order of the general assembly, in- 
scribed upon it the following sentiment: **Iowa: Her 
affections, like the rivers of her borders, flow to an 
Inseparable Union. ' ' No State in the Union had more 
vital interest in National unity than the people of 
Iowa. Her population were representatives of the 
older states, both North and South. All were immi- 
grants bound to these older communities by the ties of 
blood and fond recollections of early days. Her 
geographical position was such that a dismemberment 
of the Union was a matter of serious concern. The 
Mississippi river was the highway for her people to 
market their products, and for the navigation of this 
nature-highway to pass into the control of a foreign 
government was to isolate Iowa from the commerce 
of the world. In secession and its results, the State 
of Iowa could see nothing for her people but con- 
fusion, anarchy, and utter destruction of nationality. 
Hence when the National flag was fired upon at Fort 
Sumter in 1861, party lines gave way, party spirit 
was hushed, and the cause of the common country be- 
came supreme in the affection of the whole people. 

77, The Meeting of the Crisis. — Peculiarly fortu- 
nate was the State at this crisis, in having a truly repre- 
sentative man as chief executive in the person of 
Samuel J. Kirkwood. He was indeed worthy and able 
to organize and direct the energies of the people. 
Within thirty days after the date of the President's 
proclamation calling for troops, the First Iowa Regi- 
ment was mustered into the service of the United 



IOWA IN THE DAYS OF CONTROVERSY AND WAR 97 



States, a second regiment was in camp ready for 
service, and the general assembly was in special 
session, pledging by joint resolution every resource of 
men and money to the National cause. The constitu- 
tion of the State lim- 
ited the State debt 
to $250,000, except 
debts contracted to 
' 'repel invasion, sup- 
press insurrection, or 
defend the State in 
war." This assem- 
bly authorized a loan 
of $800,000, if it 
were necessary, for 
a war and defense 
fund, to be expended 
in organizing, arm- 
ing, equipping and 
subsisting the militia 

of the State, to meet the present and future requisi- 
tions of the President. Those in power looked to the 
spirit rather than to the letter of the constitution, and 
acted upon the theory that to preserve the Nation was 
to preserve the State, and that to prevent invasion was 
the most effectual way of repelling it. Only $300,000 
of this loan was ever made, and these bonds were 
purchased and held chiefly by Iowa people. *'A monu- 
ment to the heroism of the soldiers and sailors of 
1861-65 was erected at the capital in 1895. The money 
expended, $150,000, was obtained from the refunded 
national direct tax of August 5, 1861." (283, p. 260.) 




SAMUEL J. KIRKWOOD. 



98 



HISTORY OF IOWA 



78. The Effect of the War. — What terrible days 
those were to the people of Iowa ! Their thoughts 
and energies were intent upon the war. The State 

was simply a re- 
cruiting station for 
the army. The 
railroads and ex- 
press lines were 
carrying away the 
strong and the vig- 
orous and return- 
ing, to the desolate 
homes, the bodies 
of the cherished 
dead. The social 
life of the peo- 
ple was connected 
with meetings to 
raise means for 
sanitary and hos- 
pital supplies. So- 
ciables, concerts, 
festivals, all had 
one object — to 
raise money for the 
Christian and San- 
itary Commissions. 
The General As- 
sembly did all in 
its power to meet 
the emergencies. 

IOWA SOI^DIERS' AND SAII^ORS' MON- ° 

xjMENT. Enlistments were 




IOWA IN THE DAYS OF CONTROVERSY AND WAR 99 

encouraged and everything done to protect the soldier 
in the field and his family at home. Laws were passed 
that suspended all suits against soldiers in the service, 
and all suits of attachment or execution against their 
property. County boards of supervisors were author- 
ized and commanded to vote bounties for enlistments 
and pecuniary aid to the needy families of those in the 
service. To the people, the maintenance of slavery 
meant the continuance of the support of the Southern 
cause, and was the very streng;th of the Rebellion. 
Therefore the belief prevailed that when slavery ended 
the War would end, and the Emancipation Proclama- 
tion was received with great satisfaction, as meaning 
the saving of fathers', brothers', sons', and lovers' lives, 
and, at the same time, gave triumph to liberty and free- 
dom through mercy and justice. 

79. Iowa in the War of the Rebellion. — In the 
great War of 1861-65, Iowa sent to the front to defend 
and support the National Government, in putting down 
the Rebellion 78,000 men. Of these, nine regiments were 
cavalry and forty-eight were infantry. In addition 
there were four batteries, one regiment of colored 
infantry, and a few sailors. War always plays havoc 
with human life, whether in camp or in the field. 
When the war closed in 1865, 12,368 were dead, 8,848 
had been wounded in battle, and 9,987 were dis- 
charged for wounds received in battle or for ruined 
health. Iowa men won rank and distinction in the 
service. The record shows the names of four major- 
generals, thirteen brevet major-generals, six brigadier- 
generals, and thirty-six brevet brigadier-generals. 
The most signal events that the Iowa soldiers were 



lOO HISTORY OF IOWA 

connected with were the battles of Wilson's Creek, 
Belmont, Pea Ridge, Shiloh, luka, Corinth, Prairie 
Grove, Helena, Missionary Ridge, Jenkins's Ferry, 
Winchester, the siege of Vicksburg, the storming of 
Fort Donelson, and the March to the Sea. The War 
of the Rebellion was one of the most mighty conflicts 
that has ever occurred. Of a population of less than 
700,000 people, Iowa sent nearly 80,000 to the War. 
Every other able-bodied man in the State was in the 
ranks of the army of the United States. It was a 
fearful price to pay for honor and renown, but it was 
cheerfully given in valor, in faith, and in sacrifice that 
this Great Republic might live, and that liberty and 
freedom might be the perpetual heritage of the gen- 
erations then unborn, but now in the schools and 
enjoying the great privileges thus bought with blood 
and treasure. 

80. The Sioux Indian and the Settler. — During 
the intense political controversies that were pending 
in the Nation, little attention was given to the Indian 
outrages on the frontier. These were so small and so 
unimportant, as compared to the great struggle going 
on in the Nation, that public interest was not aroused 
to any extent. So much so was this true, that no 
attempt was ever made by the Government to bring 
to justice the roving band of Sioux Indian outlaws, 
who ruthlessly and brutally murdered the settlers in 
northern Iowa in 1857. The soil of Iowa had been 
singularly free from Indian outbreaks, the treaties for 
the removal of the Indians being faithfully kept. 
Before Territorial times, the pioneers of the Mississippi 
Valley had an experience in the Black Havv^k war that 



IOWA IN THE DAYS OF CONTROVERSY AND WAR lOI 

gave them an insight into the savage character of the 
Indian on the war path. Later, during the RebelUon 
in 1862, the Sioux war in Minnesota, that cost the hves 
of 1,000 white settlers, and that would have been 
regarded as a most serious and terrible outbreak, lost 
its prominence because of the more terrible civil con- 
flict even then in progress in the Union. Both of these 
Indian wars had causes in injustice and in failure of the 
Government to promptly comply with treaties and also 
in seeming invasion of rights and guarantees. 

8 1 . The Spirit Lake Massacre. — The massacre 
that occurred in 1857 at Spirit Lake cannot be 
explained by any wrong on the part of the white man, 
as its perpetrators were a lawless, reckless band of 
thieves, robbers, and murderers. In this massacre 
more than fifty white people lost their lives, at the 
very time when they were kindly ministering to the 
wants of these needy but treacherous savages. This 
massacre was carried out by an outlaw band of Sioux 
Indians, who were so cruel and so criminal that they 
were not even respected by the other more honorable 
bands of the tribe, and hence kept themselves farther 
away from the pale of civilization and made their 
home in South Dakota, where a white man had never 
trespassed. They were the worst band of the Sioux 
tribe, and were known by their chief as Ink-pa-du-ta's* 
band. They had attracted to themselves all the roughs 
and outlaws of the whole tribe, and became thereby 
the terror of all exposed settlements. 

82. The Outrages Committed. — The winter of 
1856-57 had been unusually cold and this band of 

*The Scarlet Point. 



102 HISTORY OF IOWA 

outlaws found it very difficult to exist. Hence they left 
their inhospitable quarters and drifted into Iowa to 
subsist off of the settlers by stealing, robbery, and 
outrage. Being repudiated by the tribe in the treaty 
of 1 85 1 that was made at Mendota, they had taken 
no part in that treaty, and were not thus able to share 
in the grants and the privileges made by the General 
government. They thus felt that they had a right to get 
even with the white man, by such incursions in mid 
winter when the settler was helpless. The scarcity of 
game and the difficulties they encountered in dealing 
with the whites, in the more thickly settled communi- 
ties on the Little Sioux river incensed them. Their 
stealing and outlawry being resisted, they became more 
desperate and more bloodthirsty when they came, in 
their wanderings, into the more sparse settlements. In 
Buena Vista county, they robbed the houses, shot the 
cattle, abused the families of the settlers, and threat- 
ened them with more dire penalties, if they resisted. 
In Clay county, their outrages increased in violence and 
impudence, and in Dickinson county, at Okoboji and 
Spirit lakes, they entered the homes of the settlers 
under the guise of friendship, and, after being fed and 
ministered unto in their distress, they treacherously 
murdered men, women, and children, saving the lives 
of none except a few of the younger women, whom 
they carried away as captives. From Spirit Lake, 
they proceeded to the little settlement of Springfield on 
the Des Moines river, but here met resistance, as 
these settlers were apprised of the result at Okoboji 
lake and gave them no chance to perpetrate their cruel 
outrages. A few, however, who relied on the friend- 



IOWA IN THE DAYS OF CONTROVERSY AND WAR IO3 



ship and good will of the savages, paid the penalty 
with their lives — none that fell into their power being 
saved. In the 
meantime, the 
United States 
troops at Fort 
Ridgely and the 
citizens of Fort 
Dodge were in- 
formed of the 
terrible fate of 
the settlers, and 
n o t w i thstand- 
ing the heavy 
snows, the 
stormy season, 
and the rag- 
ing streams, re- 
lief expeditions 
were sent from 
both places, and 
the Indians 
withdrew to 
their Dako- 
ta wilderness. 
Nothing was 
ever done by the 
United States 
to redress these 
grievances and 

. , ^1 SPIRIT I,AKK MONUMENT. 

punish these 

marauders. The State of Minnesota purchased the free- 




I04 HISTORY OF IOWA 

dom of two of the captives, the others having perished. 
83. The Monument. — July 26, 1895, there was 
dedicated at Spirit Lake a monument erected by the 
State of Iowa to the memory of the victims who 
perished there in 1857. It is a granite monument 
fifty-five feet high, and is of graceful and pleasing pro- 
portions. Thus Iowa bore testimony to the brave 
deeds of the pioneer of civilization, who not only had 
to contend against the hardships of the wilderness in 
the struggle for subsistence, but who also sacrificed 
his life in the attempt to open up the wilderness to 
the progress and spirit of the times. 



QUESTIONS AND TOPICS. 

1 . Democratic national money ? Republican na- 
tional money ? * ' Wild Cat ' ' currency ? State bank 
paper of 1853.? 

2. What is a legislative special or extra session ? 
Effect upon the railway corporations as to control by 
the State through accepting land grants ? 

3. What was the state banking system of 1858.^ 
What are the functions of national banks .? Of state 
banks ? 

4. What was the Missouri compromise ? Who was 
a *' free soiler .?" 

5. How are amendments made to the State consti- 
tution ^ 

6. How are United States Senators elected.'* How 
many from each state ^ 

7. When can the state debt legally exceed the con- 
stitutional limit ? 

8. What were ** sanitary commissions" during 
the war ? 

9. What was Iowa's part in the Great Rebellion ? 
Why was Iowa so decidedly in favor of maintaining 
the Union ? 



CHAPTER IX 

THE STATE INSTITUTIONS AND SOCIETIES 

84. The Policy of the State. — Numerous lines of 
public work are in charge of the State. These consist : 
(i) of charities, such as the care and medical treat- 
ment of the temporary insane, the reform of the 
erring, the restraint of the criminal and vicious, the 
education and training of the unfortunate, and the 
support of the helpless and indigent; (2) of higher 
and professional educational institutions that grant 
an enlarged opportunity to the youth of the State; 
(3) of the recognition of such societies as are vol- 
untarily organized and maintained for the purpose 
of advancing the interests of the people in respect to 
agriculture, horticulture, education, stock breeding, 
etc. ; (4) of the maintaining of boards that control the 
practice of medicine, the practice of dentistry, the 
profession of teaching and the dispensing of medicines. 
There has been much difference of opinion concerning 
the province of the State regarding these matters. 
Most of the charities began with movements that de- 
pended upon public sympathy and general contribu- 
tions of money for support, and were afterwards trans- 
ferred to the State for maintenance and management. 
Dissatisfaction regarding public health and public in- 
terests have led to the establishment of most of the 
boards of control, while interest in public welfare has 
caused the encouragement of the public societies that 

105 



I06 HISTORY OF IOWA 

exist and are engaged in distributing knowledge in ref- 
erence to progress, improvement, and development. 

85. The Penitentiaries. — In the original act that 
established the Territory of Iowa, provision was made 
for the National Government to appropriate money for 
public buildings. From this appropriation came 
the stone building at Iowa City, now used by the State 
University, and the penitentiary at Ft. Madison, whose 
main building was completed in 1841. Iowa was 
probably the only State in the Union that was pro- 
vided a penitentiary at National expense. An ad- 
ditional penitentiary, at Anamosa, was erected by con- 
vict labor, work beginning in 1872, This institution 
is now used for first offenders under thirty years of age, 
for female offenders, and for the criminal insane. 

86. The Soldiers' Home. — This institution was 
completed and opened November 30, 1887, and is for 
the soldiers and the sailors, residents of Iowa, who are 
incapable of self-support or of taking care of themselves. 
Persons who have property, or who draw a pension 
sufficient to support them, are not admitted as in- 
mates, and those who are granted pensions, or whose 
health recovers so as to enable them to support them- 
selves, are discharged from the Home. 

87. The Hospitals for the Insane. — This State 
has four hospitals for the insane. The oldest is 
located at Mt. Pleasant, and was established in 1855, 
receiving patients for the first time March 6, 1861. 
The second is located at Independence, and opened 
for the reception of patients in May, 1873. The third 
is located at Clarinda, and was opened in 1888. The 
fourth, at Cherokee, was opened in 1902. All these 



THE STATE INSTITUTIONS AND SOCIETIES 10/ 

institutions are the equals of any such hospitals any- 
where in the United States, and are among the greatest 
and noblest charities of this sympathetic age. Persons 
are admitted to these State hospitals at the expense of 
the counties from which they come, and are usually kept 
until recovery or until it is decided that insanity is per- 
manent ; in the latter case they may be kept permanently 
or may be returned to the care of the counties. About 
half the counties in the State have hospitals for the 
insane. 

88. The Hospital for Inebriates. — This institution 
is located at Knoxville. It was originally opened in 
1892 as an Industrial Home for the Adult Blind, but 
that institution was never very largely patronized, and 
in 1904 the General Assembly changed it into the State 
Hospital for Inebriates. It is used for the detention, 
care, and treatment of male inebriates and persons ad- 
dicted to the use of morphine and other narcotic drugs. 
Commitments to this institution are made by the district 
judge. There is a similar Hospital for Female Ine- 
briates at Mt. Pleasant. 

89. The College for the Blind.— The College for 
the Blind was first opened in temporary quarters in 
Iowa City in 1853. In 1858 provision was made for 
a permanent institution at Vinton. This institution is 
a well-appointed school, equaling in amount of ap- 
paratus, in thoroughness of instruction, and in fullness 
of its curriculum, the best public schools in Iowa. 
Special attention is given to music instruction. Tuition 
and board in this institution are free to any blind per- 
son in the State. 

90. The School for the Deaf.— This school for 



I08 HISTORY OF IOWA 

the care and education of the deaf was first organized 
in Iowa City in 1855. A permanent building was 
provided for the institution at Council Bluffs in 1870. 
It is free to all deaf children of school age that are 
sound in mind, free from immoral habits and contagious 
and offensive diseases. It was first called Institution 
for the Deaf and Dumb, but the name was changed by 
the twenty-fourth general assembly. Besides a gen- 
eral education, the trades of printing, shoemaking, 
carpentering, dressmaking, farming, gardening, drawing 
and painting, household work, plain sewing, and knit- 
ting are taught. 

91. The Industrial Schools. — These schools were 
founded and are maintained for the purpose of reform- 
ing juvenile offenders, or those who, through lack of 
proper home control, promise to become criminals. 
The results of the work done by these schools proves 
beyond a doubt the possibility to reclaim youth and 
make good citizens, if they are put under proper con- 
trol The age of admission to these schools is from 
seven to sixteen, at the time when their natures are 
still susceptible to the influence of kindness, moral 
training, and proper discipUne. These reformatory 
institutions are therefore conducted on an entirely 
different plan from prisons or penitentiaries, as the 
length of sentence is indefinite and encourages reform, 
and the environment created is more beneficial and 
more hopeful. The State has therefore combined in- 
struction in common school branches, adapted to ages 
and advancement, and suitable industrial education, 
with instruction in morality, the center of the training. 
There are two of these schools: one at Eldora for 



THE STATE INSTITUTIONS AND SOCIETIES IO9 

boys, founded in 1868, and one at Mitchellville for 
girls, founded in 1872. 

92. The Institution for the Feebleminded. — 
Three homes for orphan children, were founded 
during the War of 1861-65, and maintained by the 
State until 1876, when, the number of such chil- 
dren having greatly diminished, it was decided to 
unite these in the present institution at Davenport. 
This closed the homes at Cedar Falls and Glenwood, 
which were changed, therefore, into the State Normal 
School at Cedar Falls, and the Feebleminded Institu- 
tion at Glenwood. The objects of this institution are 
to provide special methods of training for children 
who are deficient in mind, or marked with such peculi- 
arities as to deprive them of the benefits and privileges 
provided for children with normal faculties. . The 
purpose is to make the children as nearly self-support- 
ing as practicable, and to approach as nearly as pos- 
sible the actions of normal people. It further aims to 
provide a home for those who are not susceptible to 
mental culture, relying wholly upon others to supply 
their simple wants. In the school department, les- 
sons are imparted in the simple elements of instruc- 
tion taught in public schools, as well as in the indus- 
tries suited to their capacities. Girls learn plain and 
fancy sewing and household work, while boys are de- 
tailed to work on the farm or in the garden, in the shoe 
shop, broom shop, or carpenter shop, and assist in the 
various departments of the institution. Males are ad- 
mitted between the ages of five and twenty-one, and 
females between five and forty-six. Inmates may be 
dismissed by the board of control ; or if there are good 



no HISTORY OF IOWA 

reasons why this should not be done, they may remain 
permanently. 

93. The Soldiers' Orphans' Home. — This institu- 
tion was opened for the reception of children July 13, 
1 864. It was first supported by private contributions, 
but the eleventh general assembly (1866), assumed 
control of it, and provided for its management and 
permanent location at Davenport. In 1876 it became 
the only home for soldiers' orphans in Iowa, by 
receiving the children that had been in the State 
Homes at Cedar Falls and Glenwood. Two classes of 
children are now received; first, soldiers' orphans en- 
tirely at the expense of the State; second, county 
orphans or indigent children who are sent by counties, 
the expense being borne by the counties so sending 
them. The purpose of the Home is educational and 
industrial. There is a good elementary school main- 
tained the entire school year, and the children also 
learn to work at common industrial pursuits. The 
children are placed in good homes as opportunity 
offers, and they are looked after by officers and recalled, 
if the agreements are not faithfully carried out. The 
intention is, to provide for all homeless and indigent 
children, and not allow them to be sent to county 
poor houses and other places of detention and degra- 
dation. The policy is also to locate the children in 
good homes as soon as possible, instead of keeping 
them at the expense of the State. 

The institutions described in §§ 85-93 were at first 
controlled by separate boards of trustees ; but they are 
now under the charge of the Board of Control of State 
Institutions. See § 125. 



THE STATE INSTITUTIONS AND SOCIETIES III 

94. The state Agricultural College. — Iowa early 
became interested in agricultural education. Already 
in 1858, at that memorable assembly when so much 
progress in public institutions originated, the State 
Agricultural College was established, including an 
experimental farm. In i860, the necessary land was 
purchased in Story county, and suitable buildings were 
erected. In 1864 and 1866, appropriations were made 
to erect a college building, and in i S6S the building was 
completed and the college opened as the law stated ' *to 
advance and conserve the interests of agriculture and 
the mechanic arts." The State appropriations in sup- 
port of this institution have been very large. The 
movement for this kind of education was encouraged 
by the United States Congress, July 30, 1862, by mak- 
ing an appropriation to the several States of the Union 
of an amount of the public lands, equal to 30,000 acres 
for each of their senators and representatives in Con- 
gress, the proceeds of which should be devoted to 
maintaining a college in which the leading object should 
be to teach such branches of learning as related to 
agriculture and the mechanic arts. In 1890 and again 
in 1907 bills for the more complete endowment and 
support of these colleges were passed by Congress. 
They appropriated amounts gradually increasing from 
^15,000 for the year 1890 to ;^50,ooo for the year 
191 2; the annual amount thereafter to be paid each 
State and Territory to be ^50,000, the same to be 
applied only to instruction in agriculture, the mechanic 
arts, the EngHsh language, and the various branches 
■of mathematical, physical, natural, and economic 
science, with special reference to their application to 



112 HISTORY OF IOWA 

the industries of life and the facilities for such instruc- 
tion. 

95. The State University. — This institution is 
supported by a permanent endowment obtained from 
a Congressional land grant, by tuition fees, and by 
biennial appropriations made by the Legislature. It 
first opened March, 1855, but was closed for lack of 
funds from 1858 to i860. In i860 work was again 
permanently resumed. In the beginning the attend- 
ance consisted chiefly of students in the normal and 
preparatory departments, but these departments were 
long since abolished and, at present, the departments 
maintained consist of the collegiate, the law, the 
medical, the homeopathic-medical, the dental, the phar- 
maceutical, and the scientific. The permanent en- 
dowment is small, because the legislature was forced 
by public opinion to put the land grant upon the 
market at too early a day to realize much of a sum of 
money. Eighteen thousand acres of the grant were sold 
at the nominal price of $3.27 an acre and that, at the 
time, when most of the Government land had been sold 
at $1.25 an acre, and even as low as eighty-five cents 
an acre to purchasers with land warrants. Hence the 
support and development funds of the institution have 
chiefly come from temporary legislative appropriations. 
The University is governed by a Board of Regents, con- 
sisting of one member from each Congressional district 
and with ex-officiis members consisting of the Governor 
and the Superintendent of Public Instruction. The 
influence of the University on general public education 
has been marked by the best effects, and the high 
schools have been greatly encouraged and assisted by 



THE STATE INSTITUTIONS AND SOCIETIES 1 1 3 

its recognition of them as accepted preparatory schools. 
With the hberal appropriations for the erection of suit- 
able buildings, and with an enlarged income, this in- 
stitution is the equal of other institutions of its class in 
other States. 

96. The State Normal School. — At the opening 
of the university in 1855, the normal department was 
the largest department of the school. This depart- 
ment was abolished in 1873 and a professorship in 
didactics established in its place. This chair was to give 
instruction to advanced students in the science and art 
of teaching. After this occurred, agitation for a sep- 
arate normal school began and, in 1876, the Legislature 
authorized the organization of such a school at Cedar 
Falls. This school is strictly confined to the instruction 
and training of teachers for the public schools, and none 
but such as intend to teach are encouraged to enroll. 
To attain this object, its courses of study are arranged 
to meet the wants of all kinds of teachers in country 
and city schools. Its faculty is selected with the same 
purpose in view, and the work done is, therefore, as 
well adapted as possible to the needs. The govern- 
ment of the school is vested in a Board of Trustees 
of seven members, with the Superintendent of Public 
Instruction as president. 

97. The State Library and the State Histori- 
cal Department. — These two State institutions are 
separate and distinct, though managed by the same 
Board of Trustees, consisting of the Governor, the 
Supreme Judges, the Secretary of State and the 
Superintendent of Public Instruction. (i) In the 
beginning the library was founded for the benefit of 



114 HISTORY OF IOWA 

the supreme court, but afterwards such other books were 
added as were also useful to the legislature, other State 
officers, and advanced students. It includes one of the 
best law libraries in the United States. It is under the 
charge of a State librarian elected by the Board of Trus- 
tees. (2) The historical department was organized July i, 
1892. It is in charge of a curator selected by the Board 
of Trustees. He makes such collections of archaeology, 
geology, natural history, military relics, bound volumes 
of newspapers, autograph letters, books published in 
Iowa, pamphlets, etc., as particularly bear upon the 
history and development of the State and nation. 

The Library Commission, created in 1900, consists 
of the State librarian, superintendent of public instruc- 
tion, president of the State University, and four mem- 
bers appointed by the governor. It encourages the 
formation of local libraries, and controls a large travel- 
ing library. 

98. The State Geological Surveys. — There has 
been from the beginning of our history, a scientific 
interest in the mineral deposits of the State. Hence, 
January 31, 1855, the first geological survey was 
authorized, and James Hall, of New York, appointed 
State geologist. This survey was regarded as suc- 
cessful from a scientific standpoint, and the pub- 
lished reports are still esteemed. The second geologi- 
cal survey was authorized April 2, 1866, and Charles 
A. White, of Iowa City, was appointed State geol- 
ogist. Two volumes of valuable information, and a 
large collection of minerals and fossils was the result. 
The. third geological survey was authorized by the gen- 
eral assembly in 1892, and Samuel Calvin, of Iowa 



THE STATE INSTITUTIONS AND SOCIETIES II5 

City, was appointed State geologist by the Geological 
Board. Several valuable reports have been prepared, 
and more attention has been given to the commercial 
interests of geology than in previous surveys., such as 
clays, rock, sand, natural gas, coal, etc. This survey 
is still in progress. 

99. The Boards of Control. — i . Board of Dental 
Examiners. — This board was authorized by the nine- 
teenth general assembly {1882). The act provided for 
the appointment by the governor of five practical dent- 
ists, who have resided five years each in Iowa, to control 
the practice of dentistry and to examine and license per- 
sons that were competent to undertake the business. 

2. Board of Health. — By an act of the twenty-first 
general assembly (1886), the practice of medicine was 
regulated, and a board of seven physicians was 
appointed by the governor. This board appoints its 
own secretary, who is the executive officer of the 
board, and has authority over the interests of the 
health and life of the citizens of the State. It has 
power to make such regulations, as are deemed neces^ 
sary, to preserve the public health, and to establish 
rules in all matters of quarantine. It manages the 
State bacteriological laboratory at Iowa City. It makes 
rules for the inspection of illuminating oils. It exam- 
ines and licenses physicians, osteopaths, nurses, and 
embalmers. 

3. Commissioners of Pharmacy. — The eighteenth 
general assembly (1880) provided for the better regu- 
lation of pharmacy and the sale of medicines and 
poisons. The governor appoints a board of three com- 
petent pharmacists, selecting one each year (Code 



I l6 HISTORY OF IOWA 

§ 2584). Persons who desire to conduct the business of 
selling at retail, compounding, or dispensing drugs for 
medical use, must first be examined by this board and 
be granted a certificate authorizing them to do so. 
Graduates of reputable schools of pharmacy are granted 
certificates without the formal examinations. 

4, Law Examiners. — The State board of law exam- 
iners was created by act of the twenty-eighth general 
assembly. It consists of the attorney-general and four 
or more members of the bar (lawyers) appointed by the 
supreme court. It examines applicants for admission 
to the bar. 

5. State Board of Control. — See § 125. 

100. Educational Board of Examiners. — The nine- 
teenth general assembly (1882) passed an act creating 
a State board of examiners. This board consists of the 
superintendent of public instruction, as ex-officio mem- 
ber and president, the president of the State University, 
and the president of the State Normal School, and two 
additional persons, one of whom must be a woman, 
appointed by the governor. The Board holds annually 
at least two examinations, and grants State certificates 
for five years, and State diplomas for life, to com- 
petent experienced teachers who are examined by it. 
Other teachers' certificates are granted under its su- 
pervision. 

101. The State Societies. — i. Agricultural. — The 
Agricultural Society was organized in 1854, and in Octo- 
ber of that year held its first annual fair. The fair was 
at first held in different parts of the State from year to 
year, but in 1885 large and valuable grounds were pur- 
chased at Des Moines. In connection with the State 



i 



THE STATE INSTITUTIONS AND SOCIETIES 11/ 

organization there have been estabHshed about one 
hundred local branch societies, which make annual 
exhibitions in their several counties and districts and 
are aided by State appropriations. By act of the 
twenty-eighth general assembly, the State society was 
reorganized as the department of agriculture. This 
department is managed by a board composed mostly 
of directors elected by a convention of delegates repre- 
senting the local societies and certain other organiza- 
tions. The governor, president of the State Agricultural 
College, State food and dairy commissioner, and State 
veterinarian are ex-officiis members of the board. The 
board controls the State fair, publishes the " Iowa Year 
Book of Agriculture," and in other ways promotes agri- 
culture and animal industries. 

2. Historical Society. — In 1857 this society was 
organized under an act of the sixth general assembly. 
It is in connect?lon with the State University, and its 
object is to collect, arrange, and preserve a library of 
books, pamphlets, etc., illustrating the history of Iowa. 
This society has endeavored to carry out the objects 
of the law, and has a large and valuable collection at 
Iowa City. Considering the small financial support it 
has received since its founding, it has much to show 
for its labors. 

3. The Horticultural Society. — This society has 
for its object the promotion and the encouragement of 
horticulture and arboriculture in Iowa, by the collection 
and dissemination of practical information regarding 
the culture of such fruits, flowers, and trees as are 
best adapted to the soil and climate of the State. In 
order to facilitate the work, the State is divided into 



Il8 HISTORY OF IOWA 

twelve districts, each having its own director and hold- 
ing its own meetings, all of whose transactions are re- 
ported to the secretary of the State society. An annual 
report is published at the expense of the State. 

4. The Iowa State Teachers' Association. — This 
association is a voluntary organization of educators 
from the various lines of work in the State. It was 
organized in Muscatine, May 10, 1854, and holds an 
annual meeting of several days' session. The object 
of the association is the mutual benefit of its members 
educationally, and the improvement of the schools of 
the State. Its proceedings are published and distributed 
to the members and interested parties by the State 
superintendent of public instruction. 

5. The Iowa Academy of Sciences. — This society 
was organized in 1887. Its object is to encourage scien- 
tific work in the State. Its membership consists of 
(i) fellows, residents of the State who are engaged in 
scientific work ; (2) associate members, residents of the 
State who are interested in such work ; (3) correspond- 
ing fellows whose residence is in other States and who 
are engaged in scientific work. It is a prosperous and 
successful society, holding annual meetings and publish- 
ing an annual report of great value. 

Note. — The legislatures of Iowa are called General Assemblies 
and are known by number, the one that existed in 1896-97 being 
the 26th General Assembly ; the one in 1904-05, the 30th ; the one 
in 1906, the 31st; the one in 1907-08, the 32d, etc. After the 
adjournment of each assembly, the new laws are published in book 
form, under the title, " Laws of Iowa" ; the year of passage being 
attached to distinguish the volumes. The laws as a whole have 
been occasionally collected, revised, and published in one volume. 
These are known by the names. Code of 1851, Code of 1860, Code 
of 1873, and Code of 1897. References to Code, in this book, are 
always to Code of 1897. 



CHAPTER X 

GROWTH, DEVELOPMENT, AND CHANGE 

i02. The Rate of Progress. — Iowa's record of 
advancement in material and industrial development 
is a marvelous page in history, while her progress in 
education, religious ideas, and moral reform has not 
been surpassed by any other state in the Union. Her 
political, social, and moral policies have been in the 
front rank of great enterprises, while her stability of 
policy and the persistence in efforts to secure for her 
people all the benefits of civilization, without its most 
serious abuses, is a proud chapter in the history of the 
last half century. Fifty years of Statehood saw her 
standing side by side with the oldest States in the 
Union, equaling them in educational development, in 
industrial enterprises, and in opportunity, while sur- 
passing many of them in moral reforms, religious 
activity, and true ideas of living. 

The Semi-CentEnniai,.— In October, 1896, occurred a week 
of festivity and celebration in honor of the first half century of 
Iowa history. This celebration was held at Burlington, the first 
Territorial capital, and was managed by commissioners appointed 
by the State and also by the city. This combined interests that 
made the whole week a notable event. Addresses were given by 
prominent men and women of both State and Nation. Those 
persons who had been the makers of Iowa history and institu- 
tions, and were still living, were asked to tell the story of progress, 
development and sacrifice. An attempt was made to pay tribute 
to all the forces of culture, education and politics that had a hand 

119 



laO HISTORY OF IOWA 

in determining present Iowa, and, at the same time, to preserve 
to history the deeds of the heroes and great characters who had 
so firmly established the governmental foundations. The pro- 
grams were assigned to diflferent days, each evening being devoted 
to electrical displays, fire-works, parades, etc., to give effect and 
glory and make an impressive occasion. The whole city was 
beautifully decorated with bunting, arches of triumph were 
erected over the principal streets, and all the means of modern 
invention and illumination were employed to make the celebra- 
tion long to be remembered. The program of days was distrib- 
uted as follows: An official day, a pioneer's and old settler's day, 
an educational day, a woman's day, a secret society day, a repub- 
lican day, a democratic day, a religious day, in all of which the 
different addresses and other exercises were so planned as to pay 
tribute to the memory of the fifty years of development and 
progress that had come to Iowa for her people in prosperity, hap- 
piness, freedom and civil government. 

\ 03. G-rowth in Population. — From the beginning 
of settlement, there has been an almost constant growth 
in population. The largest percentage of growth 
occurred between 1850 and 1856, when the increase was 
169 per cent. Between 1840 and 1846, the rate of 
increase was 138 per cent. In 1840 the census gave 
the total population as 43,112; in i860, 674,913; in 
1880, 1,624,615 ; in 1895, 2,058,069; in 1900, 2,231,853; 
and in 1905, 2,210,050. 

1 04. The Early Modes of Travel. — The settler 
came to Iowa from the States east of the Mississippi 
river as soon as the treaties with the Indians permitted. 
There were no public roads, and he did not wait for 
Governmental enterprise to open the way. He came 
in the traditional covered wagon, with his household 
goods and his little store of money and of live stock, 
and opened up a farm and built his own house. There 
were no Government roads, and, as there are few rivers 



GROWTH, DEVELOPMENT, AND CHANGE 121 

of any size, it was possible to cross the State in 
almost any direction with very little trouble. The 
Mississippi river was his means of reaching market 
with his produce, and the Government stage coach 
transferred the mail and the passengers at stated inter- 
vals, to the limits of civilization from the cities on the 
Mississippi border. 

105. Urban Population. — The people of this 
State are chiefly devoted to farming and grazing. The 
kind of crops raised, as well as the kind of live stock 
that is most successfully produced, are adapted to the 
conditions imposed by nature. There are no very large 
cities in the State, such as most of the other great States 
of the Union have, the most populous cities having less 
than 100,000. In 1880, Iowa had nineteen cities with a 
population of 4,000 or more; in 1905 there were thirty- 
seven cities of such grade of population. The urban 
population has been continually on the increase, and the 
census of 1905 shows that 48.3 per cent of the people 
live in cities and towns. This development is due to 
the better school facilities of the towns, to increase of 
wealth, and to the growth of manufacturing, mining, 
and other industries. 

106. The First Effects of the Railway. — The 
covered wagon of the mover, the freight wagon of 
the teamster, and the stage coach did not long hold 
the supremacy they had held in older states. Good 
public roads, such as are common in the older com- 
munities, did not become a necessity in Iowa, as the 
construction of the railways early brought every man 
a home market for his produce, and deferred the 
proper grading and paving of highways to a later time. 



122 HISTORY OF IOWA 

Few States were slower to make adequate provision by- 
law for the development of good public highways, and 
it is only recently that much interest in such improve- 
ments has been aroused. 

1 07. Railway Bnilding. — The first railway was 
begun in 1854. The close of the year 1855 found 
sixty-seven miles in operation. At the opening of the 
war of 1 86 1, there were but 331 miles constructed, 
but when peace came in 1865 there were 847 miles 
of railway in Iowa. Then came the era of specula- 
tion and railway extension that projected lines, here- 
tofore unthought of, and caused railways not to fol- 
low but precede the settlement of the country. Parts 
of Iowa were so far from market and so poorly sup- 
plied with fuel and means of subsistence that it would 
have taken several decades, without the railroad, to do 
what was accomplished in a few years with its aid. 
The year 1875 closed with 3,765 miles in operation, 
the year 1885 with 7,496 miles, the year 1895 with 
8,481 miles, and the year 1905 with 9,853 miles, so that 
every county and almost every town and hamlet has at 
present daily mail and regular passenger and freight 
communication through the steam railway. 

1 08. State Control of Railways. — The railways 
became, as a matter of course, a prominent factor in 
the industrial development and the material progress 
of the State. They were constructed by United States 
donations of land, by contributions of the people, by 
taxes voted upon townships by the electors as an aid 
to encourage construction and development, and by 
money obtained by selling bonds in eastern markets. 
While they were mostly local and State enterprises in 







TEMPORARY CAPlTOIvS 01'' IOWA. 

1. Belmont, 1836. 3. Iowa City, 1841. n. Des Moines. 18F18. 

2 Burlington, 1837. 4. Iowa City, 1842. 6. Des Moines (as remodeled), 1868. 



124 HISTORY OF IOWA 

the beginning, in the course of a few years their prop- 
erty passed into the control of interstate corporations 
and great discriminations, as to rates charged for 
traffic, became common. As a consequence, the State 
undertook the control of the business of these corpor- 
ations so far as compelling equity and reasonable ser- 
vice at reasonable rates was concerned, and enacted 
laws and appointed commissioners, who, as officers of 
the State, were entrusted with the adjustment of these 
differences between the corporations and the people. 
Out of this has grown a State system that is among the 
most progressive and the most equitable that at pres- 
ent exists in any State. Iowa was a pioneer in the 
method of control of railways, in force within her bor- 
ders, and time will prove the benefit of this system to 
both railways and the people they serve, as when the 
legal principle of State control has been established, 
the settling amicably the many problems of modern 
transportation can be satisfactorily accomplished. 

1 09. Iowa's Capitals. — i . Belmont, Iowa county, 
Wisconsin, in 1836, was the first capital of any organ- 
ized government in which representatives elected by 
the people, in the country west of the Mississippi river, 
sat as legislators. The site of this town is now in La 
Fayette county, Wisconsin, as the old town was long 
since abandoned. Here Governor Henry Dodge ad- 
ministered the oath of office to those who considered 
the problems of Iowa people, and here it was decided 
to move the capital of Wisconsin Territory to Burling-' 
ton (Iowa), and to locate the permanent capital at 
Madison (Wisconsin). 

2. Burlington became the capital by being able to 



GROWTH, DEVELOPMENT, AND CHANGE 1 25 

show that it could count more inhabitants, even if 
it did not have them, than its rival, Dubuque. The 
legislatures of 1836 and 1837 of Wisconsin Territory 
met at Burlington, and when Iowa became an organ- 
ized Territory in 1838, it remained the capital until 
1 84 1, when the seat of government was moved to 
Iowa City. 

3. Dissatisfaction with this location caused the first 
Territorial legislative assembly to order that a new 
capital, to be called Iowa City, should be selected in 
the wilderness, and a permanent building erected. 
This led to the construction of a stone capitol, now 
the central building on the State University grounds. 
In this capitol ten regular legislative sessions were 
held and three constitutional conventions. Much of 
the history of the State, during the formative period, is 
centered about this building in Iowa City — the first 
capitol of the State. 

4. In 1857 Iowa City had also become remote from 
the center of population, and hence the capital was 
removed to Des Moines — the final home of organized 
State government. Here was erected first a temporary 
capitol, and afterwards the permanent capitol at a cost 
of more than $3,000,000. It is worthy of note that 
in the long time devoted to the construction of this 
magnificent building, there was not a single transaction 
that was not honest and worthy of being approved by 
the people. Hence the State has a remarkably fine 
capitol, considering the amount of money expended, 
and it is also a monument to the integrity and fair 
dealing of the architects and builders. 

I I O. The Policy of the State as to Debt. — Early 



126 HISTORY OF IOWA 

in the State's legislation, a small loan of money was 
made to maintain the government and float the debt 
that had accrued. During the war of 1861, the State 
increased its indebtedness by making a loan for a war 
and defense fund. Excepting these two loans, the 
policy -of the State has been not to appropriate any 
money that it does not have for any purpose. Hence, 
the most of the years of Statehood is a record of liv- 
ing within one's means, and no State debt has been 
accumulated. Therefore, when financial crises occur 
in the United States, the people of Iowa do not suffer 
from financial reverses in the world of commerce and 
of industry as much as States whose policy is different. 

III. The Policy of the State as to Public Insti- 
tntions. — In the beginning Iowa adopted the policy 
of distributing its public institutions in different loca- 
tions throughout the State. When new institutions 
are founded, they are located in places where no State 
institution at present exists. This policy has had the 
effect of bringing all the people more or less into 
sympathy with one or more separate institutions, and, 
taking into consideration the policy of ' ' paying as we 
go," that governs appropriations, Iowa has notable 
and great institutions, all of which are highly valued 
and well supported by the people, who are developing 
them as rapidly as circumstances and the financial 
policy will permit. These things are a fair index of 
the progressive spirit of the people, and give much 
encouragement to hope for future greatness and more 
effective development. 

I 12. Political Changes. — From 1838 to 1854, 
was the era of Democratic party government in Iowa. 



GROWTH, DEVELOPMENT, AND CHANGE 127 

Since 1854, the principles and the ideas of the Repub- 
lican party have controlled the affairs of the State. 
The history of these two periods is extremely interest- 
ing to the student, as it is, thereby, directly associated 
with development and change in civil government, and 
shows very plainly the effect of political ideas, and 
the consequence of political theories, on the man- 
agement of public policies. Iowa is what she is 
to-day because of the constitutional and the legislative 
construction that the dominant principles of both of 
these historical periods produced. The study of Iowa 
civil government will establish this fact and lead to 
valuable and useful conclusions. 

I 13. Productions. — The soil of Iowa is all pro- 
ductive. There is scarcely any waste or swamp land 
within its borders. There is scarcely an acre that could 
not be used to help support human life by giving food, 
as a return for reasonable effort. Agricultural pur- 
suits, therefore, occupy the majority of the people, 
though urban population and manufacturing are gradu- 
ally increasing. There are no people in the world 
that, as a whole, are better fed and clothed and should 
therefore be happier than the people of Iowa. The 
chief staple is corn, Iowa being the first State in 
the Union in the quantity of its production. The 
United States Department of Agriculture reports 
that Iowa in 1906 had 9,450,000 acres of corn and 
that the crop amounted to 373,275,000 bushels — one 
eighth of the amount produced in the whole coun- 
try. The second staple is oats, in which Iowa is 
also the first State in the Union, the acreage of 1906 
being 4,165,000 and the product 140,777,000 bushels. 



128 HISTORY OF IOWA 

Wheat was formerly produced quite generally, but has 
gradually declined, as it has not been profitable com- 
pared with stock raising and the raising of corn and 
oats. The year 1906 gave wheat an acreage of 585,660 
and a production of 9,212,218 bushels, Iowa being 
the twenty-second State in the Union in the production 
of this cereal. 

{ 1 4. Mining. — Thirty of the counties of Iowa are 
in the bituminous coal region, and mining is, there- 
fore, a large industry, some 17,000" men being em- 
ployed in this occupation. About 350 coal mines 
are in operation, with a yearly output of about 
7,000,000 tons, valued at more than ^10,000,000. In 
addition to coal, building stone is found in abundance 
in nearly every part of the State. There are about 275 
quarries in operation, and the yearly output exceeds 
$600,000 in value. The mineral products of Iowa in- 
clude also a large amount of gypsum and a little lead 
and zinc. But the total value of all mineral products of 
the State is small in comparison with the value of her 
crops and live stock. 

115. Live Stock and Dairy Products. — This State is 
successful in the production of cattle, horses, hogs, sheep, 
and poultry. The total value of the cattle at the begin- 
ning of the year 1907 was $140,057,600; of horses, 
$139,178,490; of hogs, $81,552,750; of sheep, $3,747r 
574. The State developed its dairy industries with great 
rapidity. In 1875 the entire output was 37,862,540 
pounds of butter and 1,154,803 pounds of cheese, while 
at the close of twenty years, the census (1895) gave the 
figures 93,520,914 pounds of butter and 4,628,240 pounds 
of cheese as the year's product. Ten years later 



GROWTH, DEVELOPMENT, AND CHANGE 1 29 

the census reported a year's product of 71,181,766 
pounds of butter and 2,829,745 pounds of cheese. 
There were 655 creameries in 1905, with a capital of 
$2,919,092, while 1,160 persons had permanent employ- 
ment in this industry, the value of butter manufactured 
for the year being ;^ 14,330,754. At the same time there 
were 48 cheese factories with an output of product 
valued at $282,078. 

I 1 6. Public Education. — It can be truly said 
that the legal foundations of common schools in Iowa 
were laid by the Ordinance of 1787, which declared 
that ' ' schools and the means of education shall for- 
ever be encouraged." This Governmental pledge 
belonged to the Territory of Wisconsin, as one of the 
divisions of the Northwest Territory. Iowa was for a 
time a part of Wisconsin, and the Organic Act that 
created Iowa Territory, separating it from Wisconsin, 
declared that ' ' its inhabitants shall be entitled to all 
the rights, privileges, and immunities, heretofore 
granted and secured to the Territory of Wisconsin." 
These fundamental beginnings on the part of the 
United States Congress were followed very auspiciously 
by the message of Governor Lucas in 1838, in which 
he recommended, ''the establishing at the commence- 
ment of our political existence of a well digested 
system of public schools. ' ' 

I 1 7. The First School Provisions. — With these 
preliminary conditions, and with a people already 
anxious for education, it was but to be expected that 
the First Legislature would provide a law authorizing 
the organization of public schools. This law went 
into effect January i, 1839, and provided that the 



130 HISTORY OF IOWA 

schools should be opened to free white citizens between 
the ages of four and twenty-one. It was not very 
complete, as these legislators were not much experi- 
enced in law making, and they did not have a single 
statute of other States at hand to copy and revisef 
but it was a good beginning, and showed that the 
spirit within them was in harmony with the famous 
Ordinance of 1787, and the Organic Act that created 
Iowa Territory in 1838. The governor had recom- 
mended a township system, but the law provided for 
a district system, the legislature considering that plan 
of organization more practical at that time. It 
still is maintained in the majority of Iowa communi- 
ties, although State superintendents of public instruc- 
tion and prominent educators have universally recom- 
mended a change to the township system. 

I 1 8. The Constitutional Provisions. — The Con- 
stitutions of 1844 ^^^ 1846 both had an article 
concerning education and school lands, provided for 
* * the appointment of a Superintendent of Public 
Instruction," and also that "the Legislature shall 
encourage, by all suitable means, the promotion of 
intellectual, scientific, moral and agricultural improve- 
ment." It also provided, that '' the proceeds of all 
lands that have been or hereafter may be granted by 
the United States to this State for the support of 
schools, and the five hundred thousand acres of land 
granted by Congress to the new states, and also sec- 
tion sixteen in every congressional township, shall be 
inviolably appropriated to the support of schools 
throughout the State." Again it provided that *'the 
Legislature shall provide for a system of common 



GROWTH, DEVELOPMENT, AND CHANGE I3I 

schools by which a school shall be kept up and sup- 
ported in each school district at least three months in 
every year." Again it states that ''the Legislature 
shall provide for the establishment of libraries as soon 
as the circumstances of the State will permit.'' 

I 1 9. Early Method of Support of Schools. — In 
the beginning, schools were supported by rate bills 
paid by the patrons, the school-houses being erected 
by public taxation. With the development of the 
State and the demand for better schools, the system of 
support naturally became a part of legislation. Janu- 
ary 15, 1846, it was provided by law that the schools 
could be supported by the assessment of a school 
tax, but even then the amount able to be raised was 
not sufficient, and it was supplemented by a rate-bill 
system. Governor Grimes, in 1854, in his first mes- 
sage, advocated such amendment to the laws as would 
make the public schools absolutely free to the patrons, 
allowing the taxable property to pay the necessary 
expenses. 

120. The Public School Strengthened. — The 
legislature of 1854 therefore revised and improved 
the school laws, giving the people and the school 
board increased authority and a larger support fund 
to pay teachers and contingent expenses. Many of 
the school districts, particularly of the cities, at once 
took advantage of the new law, and rapid progress 
occurred at once in public elementary education. The 
city superintendent and the high school also now 
appeared, the honor for the first of each of these belong- 
ing to Dubuque, who established the office and the 
school in 1856. The city training school for teach- 



132 HISTORY OF IOWA 

ers appeared in Davenport the following year, to- 
gether with the employment of its first city superin- 
tendent. 

121. The State Board of Education. — With the 
constitution of 1857, there came a modification of the 
State system. The State board of education assumed 
control, and the office of State superintendent of pub- 
lic instruction was abolished. This board was a use- 
less and powerless body, because, while granted legis- 
lative power, yet the legislative assembly was able to 
repeal any legislation performed by the board of edu- 
cation, and hence this conflict in authority prevented 
any results of any importance. As the constitution 
permitted a change without admendment, the general 
assembly abolished this board March 23, 1864. 
During the existence of this board, the Secretary 
of the Board of Education had been substituted 
for the office of superintendent of public instruc- 
tion, but the law of March 23, 1864, again restored 
the original office of superintendent of public instruc- 
tion. 

1 22. Horace Mann and Iowa. — The codifying of 
the school laws became a prominent question as early 
as July 2, 1856, when the condition of affairs caused 
Governor Grimes to recommend that three competent 
persons be selected to revise all the laws on the sub- 
ject of schools and school lands, and make report to 
the assembly. This suggestion became a law July 14, 
1856, and the governor appointed Horace Mann of 
Ohio (late secretary of the State board of education of 
Massachusetts, and one of the most prominent edu- 
cators in the Union), Amos Dean of New York (acting 



GROWTH, DEVELOPMENT, AND CHANGE 1 33 

chancellor of the State University of Iowa) and F. E. 
Bissell (an attorney of Dubuque), the commissioners. 
The work desired was promptly done, and a report 
made to the assembly through the governor ; but no 
action was ever taken on it as a whole, though some 
use was doubtless made of the same, in constructing 
the law of March 12, 1868, since a number of the 
recommended features were adopted. This law pro- 
vided for a county superintendent of schools, for a 
county teachers' institute at the expense of the State, 
recognized the State University as the head of the 
public educational system, and provided for the 
opening of a normal department in connection with 
the University that would grant free instruction to 
teachers. 

In 1874, the institute system was modified by continuing the 
State appropriation of S50 for each county each year, increasing the 
power of the county superintendent in regard to the management of 
institutes, providing for the holding of normal institutes annually, 
when the schools were not in session, and providing a fee of one 
dollar for each examination for a teacher's certificate, and also the 
fee of one dollar for enrollment as a member of an institute; thus 
creating a fund for the support of these valuable summer schools 
for teachers. Great benefit has been derived from these means, 
of preparing of a corps of teachers for the public schools of the 
State. 

1 23. Education not Supported by Public Taxa- 
tion. — Outside of the public schools and higher State 
educational institutions, there are colleges, seminaries 
and parochial schools supported by churches and 
other benevolent organizations. There are more than 250 
such schools, employing over 2,000 instructors, of whom 
half are of strictly collegiate grade. They enroll over 
40,000 students, and each year graduate more than 3500. 



134 HISTORY 01? IOWA 

124. other Educational Influences. — Under the 
laws of the State, free public libraries can be estab- 
lished in cities and towns. Many such libraries are 
in existence, reporting about 600,000 volumes. The 
State library has over 90,000 volumes and is one of 
the best law libraries in the Union. There are pub- 
lished in the State more than 1,000 periodicals and 
newspapers, with a circulation of about 2,750,000 copies. 
The teachers' institutes and conventions and also the 
farmers' institutes are useful as educational agencies. 
Such organizations are authorized in every county, and 
can hold at least an annual session, and are encouraged 
and financially aided by the State. 

125- State Board of Control. — From time to time 
the State has provided institutions for the insane, the 
reform and correction of offenders, the education of the 
people, and the care or training of the unfortunate and 
deficient classes. (Chapter IX.) As these institutions 
were founded, the several legislatures provided some 
system of management by the creation of a separate 
board for each one, whose duties and membership were 
regulated by the character and the mission of the insti- 
tution established. This system of organization was a 
source of much trouble to the several State officers in 
making their biennial reports to the governor, and also 
was unsatisfactory to the general assembly because of 
the difficulty to know the comparative needs of these 
institutions in providing for their support and main- 
tenance. Hence, in 1898, the twenty-seventh general 
assembly abolished the several separate systems of 
independent management and organized a new system 
under one single management, the Board of Control of 



GROWTH, DEVELOPMENT, AND CHANGE 1 35 

State Institutions, often called the "State Board of 
Control." This board was granted complete author- 
ity regarding the management of all the State institu- 
tions excepting the university, the agricultural college, 
and the normal school, over which institutions it has 
supervisory control. It was thought best to leave the 
internal management of the educational institutions to 
their respective boards as they formerly existed, but to 
include them under the Board of Control so far as 
the financial management of their affairs is concerned. 
This Board of Control, consisting of three members 
appointed by the governor with the approval of two- 
thirds of the Senate in executive session, assumed 
authority July i, il 



PART II 



CIVIL GOVERNMENT OF IOWA 
CHAPTER XI 

LOCAL GOVERNMENT 

1 26. The Formation of the American Union. — 
The United States is one nation made by the volun- 
tary union of many States. Its motto, E pluribus 
Unum, one from many, describes its pecuharity in 
this particular. At the close of the Revolution, the 
thirteen American Colonies, having secured their inde- 
pendence of English control, might have become 
thirteen separate States, each independent of the 
others, like the several States of continental Europe; 
but, realizing that there is strength and safety in 
union, they agreed to unite under a central govern- 
ment. In forming this union, they did not give up 
all their rights as States, but simply agreed upon the 
rights which they would resign and the authority 
which they would grant to the Central Government. 

i27. The Constitution. — This agreement is re- 
corded in the Constitution of the United States, and 
can be changed only by the formal consent of three- 
fourths of the States composing the Union. (Consti- 
tution of the United States, Art. V.) The powers 
which belong to the Central or Federal Government 

136 



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LOCAL GOVERNMENT 1 37 

are, then, only such powers as are granted to it in 
the Constitution. The Constitution's the fundamental 
law of the land, on which all other laws must be 
based. The Federal Government may make such laws 
and treaties as are consistent with the Constitution, 
and the Constitution, laws, and treaties of the United 
States are the supreme law of the land. (Constitution 
of the United States, Art. VI., 2.) We have then 
the following outline: 

The Supreme Law of the land, comprising: 

1. The Constitution or fundamental law. 

2. The United States laws or statutes. 

3. Treaties. 

1 28. The Reserved Rights of the States. — The 
powers not resigned by the several States, or granted 
to the General Government, are retained by the States. 
(Constitution of the United States, Amendment X.) 
The State may, then, exercise any power not inconsis- 
tent with the supreme law of the land. Anything 
which is inconsistent with the Constitution is said to 
be unconstitutional, and any act or law pronounced 
unconstitutional by the United States Supreme Court 
is null and void. The Supreme Court cannot decide 
upon the constitutionality of a law unless some one 
suffering under that law appeals to that court against 
the enforcement of the law. The late decision on the 
income tax law, by which it was declared unconstitu- 
tional, is an example illustrating this fact (Read 
Current History, Vol. IV., p. 537, and Vol. V. pp. 
271-284.) There are now (1908) forty-six States in 
the Union. Our own State, Iowa, is one of these, 
having been admitted into the Union in the year 1845, 



138 CIVIL GOVERNMENT OF IOWA 

(31-40)."^ Every state has its own constitution, 
adopted by the people of the State and approved by 
Congress. (Constitution of United States Art. IV., 
3, I.) These constitutions must, of course, be con- 
sistent with the Constitution of the United States, 
and must insure a repubhcan form of govern- 
ment. (Constitution of the United States, Art. IV., 

4,1.) 

129. The State Divided into Connties and 
Townships. — Every State is divided into counties for 
governmental purposes. In Louisiana these divisions 
are called ** parishes." Iowa has ninety-nine coun- 
ties, and each county is divided into civil townships 
for the purposes of local government. Besides the 
civil townships, there are congressional townships and 
school townships. We have then: 

1. Congressional townships, for the purpose of 
locating land. 

2. School townships, for school purposes. 

3. Civil townships, for local government purposes. 

130. The Congressional Township. — This has 
its origin in the land ordinance of 1785 (297), and is 
the result of a system of surveys ordered by the Fed- 
eral Government in all the new territory belonging to 
the United States at the close of the Revolution. 
^'These Congressional surveys are not found in the thir- 
teen original States, as they had their land all surveyed 
and recorded at the county ofBces by the old-fashioned 
system. This is also true of Tennessee and Kentucky. 
Texas came into the Union with a system of surveys 

* Figures refer uniformly to paragraphs in this work, unless other- 
wise stated. 



LOCAL GOVERNMENT 



139 



of its own, and parts of New Mexico and California, 
when annexed to the United States, had the old Mex- 
ican basis of land ownership. The other new States 
have Congressional surveys and townships. 

131. The Plan of the Survey. — A line is located, 
running due north and south, called a principal 
meridian, and a line at right angles to this, called a 
base line. Lines are surveyed parallel to the base 
line, six miles apart, and other lines, six miles apart. 



DIAGRAM TO ILLUSTRATE THE LOCATION OF LAND 
BY CONGRESSIONAL TOWNSHIPS. 



Township 

3 

North 



Township 

3 

North 



Township 

2 

North 



BASE 



Township 

1 

North 

LINE 



Range 3 

West 



Tp. 2 S. 
Range 3 W. 



Range 2 

West 



Range 1 
West 



Range 1 
East 



Range 2 
East 



40 



CIVIL GOVERNMENT OF IOWA 



parallel to the principal meridian. (See diagram.) This 
divides the land into squares six miles on a side, which 
are called townships. The whole row of townships just 
east of the principal meridian is called range one east, 
and other ranges are numbered as shown in the diagram. 
In each range the township just north of the base line 
is called township one north, the one just south of the 
base line is called township one south, and so on. A 
little study of the diagram will enable one to locate 




lA T^ff — k v^^^ 

AR K. Y i . 

^,^^ ! ALA. V GA. 

TEXAS 



Location of six of the Principal Meridians and their Base Lines 
for Congressional Township Surveys. 

any township in the system. There are twenty-four 
principal meridians, six of which are known by number ; 
the rest have received special names, such as Salt 



LOCAL GOVERNMENT 



141 



Lake meridian. The first principal meridian was 
established on the border line of Ohio and Indiana, 
the second in Indiana, the third and fourth in Illinois. 
The fifth, beginning at the junction of the Mississippi 
and Arkansas rivers, runs north through Arkansas, 
Missouri, and Iowa, and serves as a basis for the sur- 
veys in those States and Minnesota. The base line 
for this meridian passes through the junction of the 
St. Francis and Mississippi rivers in Arkansas. The 
sixth principal meridian is in Kansas and Nebraska. 

















Co 


rrection 


Line 




















































1 ' 













Correction Lines: All lines surveyed north and south 
will, of course, if extended far enough, meet at the 
north pole. These north and south lines therefore 



142 CIVIL GOVERNMENT OF IOWA 

converge, making the townships a little narrower as 
they are further and further north. To avoid this 
shrinkage in width, the surveyors make what are called 
correction lines, occasionally starting the surveys 
anew, and making the south line of the new township 
full six miles in length. There are four such correc- 
tion lines in Iowa: one on the southern boundary, one 
through Des Moines, one running through Independ- 
ence, in Buchanan county, and one along the 
northern boundary of the State. The preceding figure 
illustrates the necessity for these correction lines. 
(Of course the convergence is exaggerated in the 
figure). 

1 32. The Division of the Township into Sec- 
tions. — The township is divided into thirty-six squares, 
one mile on a side, called sections, and numbered as 
in the figure below. Each section is divided into 
halves, quarters, and smaller divisions, for the location 
of farms. This plan is illustrated and explained in 
the figure (p. 143), and should be made thoroughly 
famihar to the pupil. 

1 33. The School Township. — The school town- 
ship, often called the school district, must coincide in 
area with the civil township, except as independent 
districts encroach upon its boundaries. "^ (i34-) 

I . The school township is divided into sub-districts, 
and the board of school directors of the district con- 
sists of one member from each sub-district with one 
director at large if necessary to make the whole 
number odd. Code § 2752 and Laws of 1898. These 
directors are elected for a term of one year. 

* Exceptions also occur in case of intervening obstacles, such as 
streams. Code § 2743 note and § 2791. 



LOCAL GOVERNMENT 



143 



TOWNSHIP 89 N., RANGE 14 W., DIVIDED INTO SEC- 
TIONS AND QUARTER SECTIONS. 




^ 



4 



Sec. 
1 



10 



11 



12 



18 



17 



School 

16 

Land 



15 



14 



13 



19 



20 



21 



22 



23 




30 



29 



27 



26 



25 



31 



32 



33 



34 



35 



36 



The darkened part of section 24 would be described as the N. W. 
% of Sec. 24, Tp. 89 N., R. 14 W., of the 5th Principal Meridian. 

The darkened part of section 25 would be described as the N. E. 
% of the N. E. X of Sec. 25. Tp. 89, N., R. 14 V^., of the 5th Prin- 
cipal Meridian. 

The darkened part of section 28 would be described as the N. }4 
of the S. W. K of Sec. 28, Tp. 89 N., R. 14 W., of the 5th Princi- 
pal Meridian. 

Note. — A large map is published by the Federal Government, 
showing all the Congressional surveys in the United States. By 
means of this map, students may locate any city or village in his own 
or any other State where Congressional surveys exist. Smaller maps 
of Iowa can be purchased giving the surveys for Iowa, and a student 
should practice locating the towns of Iowa. We would suggest the 
location of the following cities: Atlantic, Boone, Burlington, Cedar 
Falls, Clinton, Cedar Rapids, Council Bluffs, Charles City, Creston, 
Des Moines, Dubuque, Fort Dodge, Grinnell, Indianola, Iowa City, 
Keokuk, Le Mars, Marshalltown, Oskaloosa, Ottumwa, Sioux City, 
Waterloo. Webster Citv. and Winterset. 



144 CIVIL GOVERNMENT OF IOWA 

2. The officers of the board of directors are a presi- 
dent, elected by the board from its own members at 
the annual organization meeting, and a secretary and a 
treasurer who are elected by the board from outside its 
membership.* The president acts as chairman of the 
board, signs all contracts with teachers, draws all drafts 
for county money, and signs all orders on the treasurer. 
The secretary keeps a record of the proceedings of the 
board, makes a report to the county superintendent, 
countersigns all orders on the treasurer, and keeps an 
account of the expenses of the school township, report- 
ing the same to the board. 

3. School Funds. — The school moneys are kept in 
four separate funds, the teachers', school house, school 
building bond, and contingent funds. The treasurer 
keeps a separate account with each fund, and the secre- 
tary draws from each, as the case may demand, having 
a check-book for each fund. 

4. Independent Districts. — Besides the school 
township, there are various kinds of independent dis- 
tricts. Independent districts in cities of the first class 
and in cities under special charters have a board of 
directors consisting of seven members. Independent 
districts in cities of the second class, towns and villages 
have boards of five members, and rural independent 
districts have boards of three members as a rule, but 
five in districts which were formerly allowed six. (Code 
§ 2754 as revised by the Laws of 1898.) 

* In districts composed in whole or in part of towns or cities, the 
treasurer is elected by the people for a term of two years. (Code 
§ 2754 as revised by the Laws of 1898.) 



CHAPTER XII 



TOWNSHIP GOVERNMENT 



134. The Civil Township. — The State govern- 
ment, with certain restrictions laid upon it by the State 
constitution, and, of course, by the United States su- 
preme law, has complete control of the county and 
township; but the State legislature has by law allowed 
the local governments much discretion in the manag- 
ing of local affairs, only prescribing the general plan 
of government in each. Every county is divided into 
civil townships for purposes of goyernment. The 
number and boundaries of these townships are deter- 
mined by the supervisors, and may be changed by the 
supervisors when occasion demands it. See map of 
townships in Black Hawk county (158). "If the con- 
gressional township lines are not adopted and followed, 
the board shall not change the lines of any civil town- 
ship so as to divide any school township or district, 
unless a majority of the voters of said school township 
or district shall petition therefor. ' ' Code §551.^ If 
there be within the limits of any township an incor- 
porated city or town of over fifteen hundred inhabitants, 
such city or town may, on the petition of a majority 
of the voters in the rural part of the township, be set 
apart by the board of supervisors as a separate town- 
ship. Code § 554. 

1 35. Officers of the Civil Township. — As a rule, 



* References to the Code are uniformly to Code of Iowa, 
1897. 



145 



146 



CIVIL GOVERNMENT OF IOWA 



any legal voter is eligible to any local or county office. 
The eligibility of women to certain offices, notably the 
county superintendency of schools, has been formally 
recognized. The requirements in candidates for the 
various State officers will be mentioned in the proper 
place. 

The officers of the civil township are given in the 
following table : 

TOWNSHIP OFFICERS. 



NAMES OF OFFICERS. 

Trustees 

Clerk 

Assessor 

Superintendents of 

Roads 
Constables 

Justice of the Peace 



I yrs. 
2yrs, 



yrs. 



2 yrs 



2 yrs, 



HOW PAID. 



Per diem & fees. 
Per diem, per- 
centage, fees. 

Per diem 

Per diem 



Fees to a lim- 
ited amount. . 

Fees to a lim- 
ited amount. 



HOW CHOSEN. 



By the people. 
By the people. 

By the people. 
By the trustees. 

By the people. 

By the people. 



* Not more than four. 

When a city or incorporated town is situated in a 
township, the township may order the election of one 
or two additional justices and constables, and at least 
one justice and one constable must reside in the town. 
The rural part of the township and the municipality 
must have separate assessors, each choosing its own 
officer. If a person refuses to serve when he has been 
elected to a township office, he must forfeit the sum 
of five dollars to the use of the school fund, but he can- 
not be required to serve as a township officer two 
terms in succession. Code, § 575. 

1 36. Bonds. — Most officers of the State and local 



TOWNSHIP GOVERNMENT I47 

government have to give a bond for the faithful per- 
formance of their duties; that is, they have to find 
some one who will sign an agreement to pay to 
the State a certain sum of money, if it is needed to 
make good to the State, county, or township any loss 
caused by the unfaithfulness of said officer. Of late 
years there have been formed great fidelity companies 
{Code, § 360), like fire insurance companies, which will 
give such a bond for any man of good standing, if he 
will pay them a certain sum, small in a single case, 
but affording a large revenue in the aggregate. This 
plan has proved a very good one for all parties, and 
such a bond is coming to be preferred to a private 
bond inasmuch as it is a purely business affair, and the 
company is personally interested to capture the crimi- 
nal in case a fraud is perpetrated by an officer for 
whom the company has given its bond. The gover- 
nor, lieutenant governor, members of the General 
Assembly, judges of courts, county supervisors, town- 
ship trustees, and aldermen and councilmen of towns 
and cities are not required to give bond. All other 
civil officers, except as especially otherwise provided, 
must give bond. Code §§ 1 1 82-1 183. 

137. Remuneration. — The civil officers of Iowa 
are paid in various ways: first, by yearly salaries; 
second, per diem (so much a day for actual work); 
third, by fees, or specific sums for specified services; 
and, fourth, by a percentage on collections. It is 
hardly worth the effort required to memorize the ex- 
act amounts paid in each case, but it may be well to 
keep in mind the way in which each officer is paid, 
whether by fees or salaries. 



148 CIVIL GOVERNMENT OF IOWA 

138. Township Elections. — Most of our civil officers 
are chosen at the general election, which occurs on the 
Tuesday following the first Monday in November — in 
even-numbered years only, since 1904. The officers 
of our cities and towns are selected at the municipal 
elections on the last Monday in March. The school 
elections of the township are held on the first Monday 
in March; those of the independent districts are held 
on the second Monday in March. 

139. Duties of Township Trustees. — The township 
trustees have two regular meetings each year, and as 
many other meetings as may be necessary. One regu- 
lar meeting is on the first Monday in April, or as soon 
thereafter as the assessment book is received by the 
township clerk; and the other is on the first Monday in 
November. 

Among the important matters in local government 
with which the township trustees have to do, we call 
attention to the following : 

(i.) Taxes, (6.) Fences, 

(2.) Public highways, (7.) Public money, 

(3.) Elections, (8.) Public buildings, 

(4.) Health, (9.) PubHc grounds. 

(5.) Poor, 

I. The township trustees levy the road taxes. Their 
levy is based on the estimated need of road scrapers and 
graders, lumber, and other material, and the amount of 
labpr needed to keep the roads in good condition. This 
levy is made at the April meeting of the board. At this 
meeting also the trustees sit as a board of review for 
the equalization of taxes between individuals, as stated 
below (144). 



TOWNSHIP GOVERNMENT 1 49 

2. The road tax is collected by the county treasurer, 
and turned over by him to the township clerk. The 
law also requires each able-bodied male resident of the 
town between the ages of twenty-one and forty-five, to 
give two days' labor upon the roads each year. The 
township trustees direct the expenditure both of the 
labor thus owing to the town, and of the money 
raised by the road tax. They may have the work on 
the roads done by contract, or they may appoint one or 
several superintendents of roads to oversee the work, 
under their direction; or they may have part of the 
work done by one method and part by the other. But 
they must cause both the property and the poll road tax 
to be fairly expended for road purposes in the entire 
township. 

This plan of working the roads is called the one-road- 
district plan. It was first made legal, at the option of 
the trustees, by the twentieth general assembly, and in 
1903, by act of the twenty-ninth general assembly, it 
was made compulsory in all townships. Before that time, 
the trustees had divided the township into a number of 
road districts, and each district had its own road super- 
visor, who had charge of the roads and was nearly 
independent of the township trustees. The new plan 
is a step in the direction of securing better roads 
throughout the State. (See Diagram, page 154.) 

3. The trustees determine the place of holding elec- 
tions, act as judges of elections (215), and canvass the 
results, reporting the same through the clerk to the 
county auditor for the inspection of the supervisors, 
who are the canvassing board for the county. The 
boards of supervisors of the various counties report to 



150 CIVIL GOVERNMENT OF IOWA 

the executive council at Des Moines, who make an 
abstract of the returns from the counties and give the 
official report of the results of the elections. 

The accompanying table on the next page gives a 
consolidation of the votes of Black Hawk county in 
the general election of 1893. 

4. As a board of health for the township, the 
trustees pass regulations touching nuisances and all 
sources of disease, including rules for quarantining 
persons afflicted with contagious diseases. 

5. They act as a board of overseers for the poor, 
making suitable provision for the unfortunate who are 
suffering for lack of the necessaries of life. If proper 
provision is not made by the trustees, the matter may 
be referred to the county supervisors, who have final 
control in the matter. All bills are paid by the 
county. In many counties, a poor farm is established 
for the purpose of caring for such indigent people. If 
parties from other counties or other States move into 
any county, and give evidence of inability to care for 
themselves, they may be warned to return to their own 
homes ; but, if not warned within a year after their 
arrival, they obtain residence in that county and must 
be cared for there. If, having been warned within 
the year, they do become dependent upon the county, 
they may be returned to their home county at the ex- 
pense of that county. 

6. The trustees are ex-officiis the fence viewers of the 
township, with power to settle disputes over partition 
fences. 

7. The trustees must exercise careful supervision 
over the spending of public money. At their Novem- 



TOWNSHIP GOVERNMENT 



151 



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feao«a5mW»4 



152 CIVIL GOVERNMENT OF IOWA 

ber meeting they settle with the superintendents of 
roads (if any have been appointed), and each year they 
file with the county board of supervisors a full and 
itemized account of all moneys received and disbursed 
for road purposes during the year. 

8. There are, as a rule, no pubHc buildings belonging 
to the township ; but a law was passed by the twenty- 
sixth general assembly in 1896, authorizing townships 
to levy a tax to build pubHc halls in which to hold 
elections and public meetings. (Code § 567.) When 
this is done, the trustees have charge of building the 
hall, but after it is built the township clerk acts as its 
custodian. 

9. In connection with public cemeteries, the trustees 
have power to inclose, improve, and adorn the grounds, 
construct avenues, erect proper buildings, and pre- 
scribe general rules concerning the management of the 
cemeteries. At their April meeting they may levy a 
tax for the purchase or maintenance of cemeteries. 
They also have the power to sell a township cemetery 
to a private corporation for cemetery purposes. 

140- Classification of Trustees. — The board of 
trustees, as we see from the above, acts both as a 
legislative and as an executive body. All three trustees 
are now elected at the general election, once in two 
years. Before the adoption of the biennial election 
plan (in 1904), however, they were elected one each 
year, for terms of three years, and thus a majority of 
the board were always experienced members. This plan 
of dividing a governing body into classes with terms of 
office expiring at different times, is still followed in the 
board of supervisors and in the State senate. 



TOWNSHIP GOVERNMENT 153 

14|. The Township Clerk. — This officer acts as sec- 
retary of the board of trustees on all occasions, and 
consequently is the secretary or clerk of the board of 
health, the board of canvassers of elections, the board 
of review of taxes, etc. The clerk also acts as one of 
the clerks of elections. Immediately after the election 
of the officers in his township, he sends a written 
notice thereof to the county auditor, stating the names 
of the persons elected and the time of election. On 
the morning of the day of each general election, before 
the opening of the polls, he must post in the place 
where such election is held, a statement showing the 
receipts of money and disbursements in his office, such 
statement to be certified by the trustees of the town- 
ship. He administers the customary oath to township 
officers, judges of elections, clerks of elections, and 
superintendents of roads before they enter upon the 
duties of their respective offices. The township clerk 
acts as treasurer of the township. He handles the 
money spent on the township roads, and has charge of 
the books, records, and all township property, such as 
scrapers and machinery for the repair of roads. 

1 42. Superintendents of Roads. — By the one-road- 
district plan, the superintendents of roads are under the 
direction of the township trustees. They have nothing 
to do with the collection of the property road tax, but 
they do direct the working out of the poll tax. Under 
the old system the road supervisor was also the collector 
of the property tax in his road district ; and each year 
the trustees might allow a portion of the property road tax 
to be paid in labor, and fixed the amount to be allowed 
for the labor of a man, and for a man and a team. 



154 



CIVIL GOVERNMENT OF IOWA 



FORMER ROAD DISTRICTS OF CEDAR FALLS 
TOWNSHIP, BLACK HAWK COUNTY, IOWA. 



i vin ! 


3 






1 ^ 


I 6 


6 1 5 1 4 


^ 2 


II 1 






City of 
Cedar Falls 

12 


7 


7 i 8 1 


9 


10 


11 




jXII 




lY 






13 


R. 13W 


18, 1 17 j 


16 


15 


14 






ixi, j 

19 1 20 1 


21 


^11 

22 pJ 


—■23 


24 
III 




30 i 29 j 


28 


27 


IX 

26 


25 




31 


32 1 

1 


33 


34 


35 


36 





Township S'J N., Range 14 W., of 5th Principal Meridian. 

Roman numerals indicate old road districts with boundaries in heavy 
black lines. 

Figures indicate sections in the Congressional Township, with boundaries 
in lighter lines. 

Notice that the Civil Township of Cedar Falls lies mostly in Con- 
gressional Tp. 89 N, R. 14 W., but includes sections 6 and 7 of Tp. 89 N, 
R. 13 W. 

Notice also that the Municipality of Cedar Falls lies within the limits 
of Cedar Falls Civil Township, and is entitled to its own constables, 
justices and assessor. It also controls its own highways, and has a voting 
precinct in each ward. 

All property taxes, including road tax, are now payable 
to the county treasurer at the county seat, but deputies 
are often appointed in the larger towns, who collect 
for and report to the county treasurer. The election of 



TOWNSHIP GOVERNMENT 155 

township collectors at the option of county super- 
visors, as provided for in McClain's Code of 1888, 
§ 541, is not allowed by the new law. 

143. Constables and Justices of the Peace. — 
Every township is entitled to two constables, who act as 
peace officers and serve all warrants^ for arrest and for 
search of property, and all notices legally directed to 

» WARRANT OF ARREST. 



STATE OF IOWA 
Grundy County 



^ 



To ANY Sheriff, Constable, Marshal, or Peace Officer in the 
State: 
Information upon oath having been this day laid before me by.... 



.that the crime of.... 

has been committed, and accusing. 



thereof: 

You are therefore commanded forthwith to arrest the above named 



and bring before me at my office in. 



or in case of m^y absence or inability to act, before the nearest or 
most accessible Magistrate in this county. 

Witness my hand at the day of. , ig 

.fustice of the Peace, 



156 CIVIL GOVERNMENT OF IOWA 

them by the trustees, clerk of the township, or any 
court in the county. They are the regular ministerial 
officers of justice of the peace. Each township is 
entitled to two justices of the peace, who try petty 
cases, having jurisdiction over criminal cases involv- 
ing not more than thirty days imprisonment in the 
county jail or one hundred dollars fine, and all civil 
cases involving not more than one hundred dollars, or 
not more than three hundred dollars if both parties 
consent. 1 The justice's court is not a court of record; 
he keeps his own records of the proceedings of his 
court. He also solemnizes marriages. Code § 3145. 
144. Assessor. — One assessor is elected in each 
township. He receives from the county auditor two 
assessment books to be kept in duplicate. In these 
books he enters a list of all property holders and a 
statement of their property, both real and personal, with 
the assessed value of the same. By the new law (1897) 
property is assessed at one-fourth of its cash value. 
The tax assessor returns one of his books to the board 
of trustees, who examine it at their April meeting 
for the purpose of equalizing the taxes among the indi- 
viduals of the township, and correcting any injustice 
that may have been done. Any one feeling that injus- 
tice has been done him in the assessment, may appeal to 
the board of trustees at their April meeting, while they 
are sitting as a board of review. If he fails to do so 
at this time, he will find that they can give no atten- 
tion to his protest, and that the other assessment book 
has been returned to the county auditor as clerk of 
the board of supervisors, who receive the books from 

1 For exceptions see § 305. 



TOWNSHIP GOVERNMENT 



157 



all townships, compare the taxes as reported in them, 
and equalize the assessments between townships. No 
appeal can be made by an individual to the county 
supervisor, but appeal may be made to the district 
courts, within twenty days after the board of review 
adjourn. (Code, § 1373.) The county supervisors, 
however, have power to remit the taxes of those who, 
by reason of misfortune or great indigence, are con- 
sidered unable to pay their taxes. The county super- 
visors of each county report to the executive council 
(260) of the State, who equalize between counties. 

TABLE SHOWING STATE, COUNTY, AND LOCAL TAXES 
IN BLACK-HAWK COUNTY, IOWA, 1896. 





Mills 

ON 


Estimated 


Levied by 




Dollar 






STATE TAX. 


2.8 


Gen. Assem- 


Gen. Assem- 






bly. 


bly. 


COUNTY TAX. 








County 3. ] 








County School 1. 








County Bridge 1. , 

County Poor 1. j 


6.7 


County Su- 


County Su- 




pervisors. 


pervisors. 


County Insane 5 | 








Soldiers' Relief 2 J 








CEDAR FALLS. 








School Tax. 








Teacher's Fund 13 ) 








Contingent Fund... 4.3 J- 19. 9 


34.9 


School Direc- 


County Su- 


School House Fund 2.6 ) 




tors. 


pervisors. 


Corporation. 








General 10 ] 








Sinking 2 . 








Sewer 2 [15. 




City Council. 


County Su- 


Library 1 J 






pervisors. 


Water Tax. 








For those within 








water-limits 5 5 


5. 






Total Possible 


49.4 











Most counties have also a poll tax of fifty cents on all male adults. 



158 CIVIL GOVERNMENT OF IOWA 

1 45. Militia. — The township assessor also enters 
in these books a list of all able-bodied men between 
the ages of eighteen and forty-five years, as belonging 
to the State mihtia and liable to military service. It 
is from this list that the drafts are made for soldiers 
in time of war, when volunteers are not numerous 
enough to serve the needs of the country. Students 
of United States history will remember the terrible 
riots in 1863, when President Lincoln ordered a draft 
from the militia of the United States to aid in carry- 
ing on the war against the RebelHon. The men 
between eighteen and forty-five years of age, so en> 
rolled, comprise the unorganized mihtia. There is 
also an organized militia, consisting of the Iowa Na- 
tional Guard. This includes all military companies 
organized in the towns and cities of Iowa, under the 
control of the State and its various miHtary officers. 
By virtue of their special enlistment, they are liable 
to be called out by the Governor in time of public 
danger, but cannot be sent beyond the borders of the 
State without their own consent.^ The Governor of 
the State is ex-officio commander-in-chief of the Iowa 
militia. The next officer in rank and the active com- 
mander is the Adjutant General, who also has charge 
of the State arsenal and grounds, and all military 
stores and affairs. Honorably discharged soldiers of 
the United States army, and firemen during active 
service, and after ten years of such active service, are 
exempt from military duty under the State. Firemen 
and members of the National Guard are also exempt 
from all poll taxes and from jury duty. 
^ Except on requisition of the President. 



CHAPTER XIII 



MUNICIPALITIES 



146. Classification. — Municipalities (cities) are 
divided into three classes, determined by population. 

1. Cities of the first class, with a population of 
15,000 and upwards. 

2. Cities of the second class, with a population of 
2,000 and less than 15,000. 

3. (Incorporated) Towns, including all municipal 
corporations with a population of less than 2,000. 

Any census taken by the authority of the State, or 
of any town or city, and duly reported to the secre- 
tary of state, is the legal basis for classifying the 
municipality. Towns platted and unincorporated are, 
by the new law (1897), called villages, but are not 
ranked as municipalities. 

1 47. The (Incorporated) Town. — When a small 
settlement begins to build stores, and assume the 
appearance of a village, it is often thought best to 
incorporate it as a town, with a government better 
adapted than that of the township to the social and 
business relations of the community. The steps 
necessary are as follows: A petition for incorpora- 
tion, signed by at least twenty-five qualified voters of 
the settlement, is presented to the district court, 
accompanied by a description of the territory to be em- 
braced in the proposed town, an accurate plat or map of 
the town, the proposed name, and satisfactory proof 
of the number of inhabitants within the limits of said 

159 



l60 CIVIL GOVERNMENT OF IOWA 

territory. A commission of five members is then 
appointed by the court to advertise and conduct an 
election, at which the voters Hving within the platted 
territory shall decide, by a majority vote, for or against 
incorporation. If the vote is favorable, the same com- 
missioners conduct another election to choose the proper 
officers, under whom the town government is organized. 

1 48- The Officers of an Incorporated Town-* 

Officers. No. Term. How Chosen. 

Mayor 1 2 years. Popular vote. 

Council 5 2 years. Popular vote. 

Clerk 1 Pleasure of council. App'nted by council. 

Assessor 1 2 years. Popular vote. 

Treasurer 1 2 years. Popular vote. 

Health Physician 1 Pleasure of mayor. App'nted by mayor. 

Street Commissioner 1 Pleasure of mayor. App'nted by mayor. 

Marshal 1 Pleasure of mayor. App'nted by mayor. 

149. The Council and their Duties. — The council 
consists of five trustees elected, under the new law, all 
together every two years. (Formerly there were six 
trustees, two being elected each year.) The duties of 
the council are similar to those of the trustees of the 
township, except that they have special legislative 
powers, and do not act as overseers of the poor. 

The legislative power of the council is concerned 
with the local government of the town. The local laws 

* The municipal officers, terms, etc., on this and the following 
pages, are given according to the law of 1907, which provided that 
the new plan should go into effect in 1909, 1910, or 1911, in differ- 
ent towns and cities. 

"All persons appointed to office in any city or town may be 
removed by the officer or body making the appointment, but every 
such removal shall be by written order which shall give the reasons 
therefor and be filed with the city clerk." Code § 657 as amended 
by Laws of 1907. 

Vacancies in any elective office in an incorporated town are filled 
by the council. Code § 668, (9). 



MUNICIPALITIES l6l 

that they pass are called ordinances. The mayor is the 
presiding officer of the council, with the right to vote 
only in cases of a tie. He may, however, veto any ordi- 
nance, if he decides to do so within fourteen days from 
the time it was passed ; and the council may then pass it 
over his veto only by a two-thirds vote. (Code, § 685.) 
Money is drawn from the treasury by order of the coun- 
cil on warrants signed by the mayor and town clerk. In 
elections the councilmen and clerk perform duties similar 
to those of township trustees and clerk. Returns of the 
general election in November are made to the county 
auditor, but the returns of the municipal election in 
March are made to the town clerk, who retains them 
and the sealed ballots for the six months allowed for 
contesting an election. The council act as a board of 
health and in April they sit as a board of review for the 
equalization of assessments between individuals. 

The mayor is the chief magistrate of the town. The 
principal duties of the other officers can be inferred 
from their titles, and from the table on page 177. The 
marshal is appointed by the mayor, and may be dis- 
charged by him. Formerly the consent of the council 
was essential, but the mayor now has full control of his 
appointment and removal. By the law of 1907, also, 
the street commissioner is appointed by the mayor 
instead of by the council. 

150. Cities of the Second Class. — When there are 
two thousand inhabitants in an incorporated town, as 
shown by a State or federal census, it is required to re- 
organize as a city of the second class. The officers 
of such a city are quite similar to those of an incorpo- 
rated town, as shown in the following table : 



l62 



CIVIL GOVERNMENT OF IOWA 



OFFICERS OF A CITY OF THE SECOND CLASS. 



Officers. 


Term. 


How Chosen. 


Mayor 


2 years. 


Popular vote. 


Council * 


2 years. 


Popular vote. 


Clerk 


Pleasure of council. 


App'nted by council 


Assessor 


2 years. 


Popular vote. 


Treasurer 


2 years. 


Popular vote. 


Solicitor 


2 years. 


t 


Health Physician 


Pleasure of mayor. 


App'nted by mayor. 


Street Commissioner 


Pleasure of mayor. 


App'nted by mayor. 


Marshal 


Pleasure of mayor. 


App'nted by mayor. 



151. Ordinances and "Wards. — A city of the 
second class must have two wards, and cannot have 
over five. One councilman is elected from each ward 
every two years, and two councilmen are elected at the 
same time by the city at large. (Formerly one council- 
man was elected by each ward annually, and served 
two years, thus giving cities of the second class a coun- 
cil half of whose members were always experienced.) 

Ordinances are passed by the council, subject to the 
mayor's veto, just as in the town government (149); 
and in general the duties of the city officers are the 
same as those of town officers. 

The council would seem by analogy to be the proper 
authorities to act as overseers of the poor, just as the 
trustees do in the township, but this is not the case. 
The county supervisors instead appoint an overseer of 
the poor to act for them in cities, and there are private 
organizations, such as the Woman's Relief Corps and 
the King's Daughters, that inquire into cases of destitu- 
tion and give aid to the worthy poor. 



* One for each ward and two at large. 

f Popular vote in cities of over 4000 ; appointed by council in 
smaller cities. 



MUNICIPALITIES 



63 



152. Number of Cities of the Second Class. — 
In 1905 there were eighty-two cities of the second class 
in Iowa. Of these Fort Dodge, with a population of 
14,369, was the largest, and Valley Junction, with a 
population of 2009, was the smallest. 

153. Cities of the First Class. — Cities of fifteen 
thousand inhabitants are required to organize as cities 
of the first class, and the Hst of officers varies with the 
size of the city. The following table shows the princi- 
pal officers in a city of the first class : 

OFFICERS IN A CITY OF THE FIRST CLASS. 



Officers. 


Term. 


How Chosen. 


Mayor 


2 years. 


Popular vote. 


Council* 


2 years. 


Popular vote. 


Clerk 


Pleasure of council. 


By the council. 


Auditor 


2 years. 


Popular vote. 


Assessor 


2 years. 


Popular vote. 


Treasurer 


2 years. 


Popular vote. 


Solicitor 


2 years. 


Popular vote. 


City Engineer 


2 years. 


Popular vote. 


Health Physician 


Pleasure of mayor. 


App^nted by mayor. 


Street Commissioner f 


Pleasure of mayor. 


App'nted by mayor. 


Marshal 


Pleasure of mayor. 


App'nted by mayor. 


PoHce Judge 


2 years. 


Popular vote. 


Judge of Superior Court J 


4 years. 


Popular vote. 



The council passes ordinances as in other municipali- 
ties, and in general what is said in § 149 applies to 



* One for each ward and two at large. 

t In cities that have a board of public works, the street commis- 
sioner is appointed and removed by this board instead of by the 
mayor. Such board of public works, consisting of two members 
appointed by the mayor, is established by law in cities of 50,()00 or 
more, and may be established by the council in cities of 80,000 or 
over. In cities having more than 20,000 inhabitants there is estab- 
lished by law a board of police and fire commissioners, consisting 
of three commissioners appointed by the mayor for terms of six 
years. Some cities elect three park commissioners. 

X This court is established, at the option of the people, in place 
of the police court in cities of over 4000. 



164 CIVIL GOVERNMENT OF IOWA 

cities of the first class as well as to second-class cities 
and towns. The council consists of one councilman 
from each ward and two at large. By the law of 1907 
all are elected at the same time, once in two years. 
(Formerly half were elected each year.) 

154- Number. — There were seven cities of the first 
class in Iowa in 1905. The names of these cities and 
the population of each is given in the following list : 

FIRST-CLASS CITIES. 

1. Des Moines 75,626 

2. Sioux City 40,952 

3. Burlington 25,318 

4. Council Bluffs 25,231 

5. Clinton 22,756 

6. Ottumwa 20,181 

7. Waterloo 18,071 

Several cities in Iowa have governments outlined in 

special charters granted them by the General Assembly. 

These cities, with their populations, were as follows in 

1905: 

SPECIAL CHARTER CITIES. 

1. Dubuque 41,941 

2. Davenport 39,797 

3. Cedar Rapids 28,759 

4. Muscatine 15,087 

5. Keokuk 14,604 

6. Wapello 1,393 

Cities under Commission. — The thirty-second gen- 
eral assembly provided that any city with a population 
of 25,000 or over might by majority vote of the people 
organize under a new law. This " commission " plan 
of city government includes a mayor and four council- 



MUNICIPALITIES 165 

men elected by the city at large and constituting a coun- 
cil for the exercise of all the duties and powers of the 
mayor, city council, various administrative boards, solici- 
tor, assessor, treasurer, auditor, city engineer, and other 
executive and administrative officers of a city of the 
first class. Each member of this council acts as the 
head of one administrative department of the city gov- 
ernment. The council is given full powers of appoint- 
ment and removal of city officers and employees. 

SUGGESTIVE QUESTIONS. 

1. The marshal was formerly chosen by the council, 
and could be removed only by their votes. Is the 
present plan an improvement ? 

2. What appointing power was granted to the mayor 
of Brooklyn by the charter of 1882.? (Bryce's A7nen- 
can Commonwealth^ Vol. I., pp. 625-627.) 

3. What vital relation is there between authority and 
responsibility } 

4. What do you know of the municipal reform move- 
ment } 

5. What of the " commission " plan of municipal 
government.? (Read about the government of Galves- 
ton since the Galveston flood of 1900.) 



CHAPTER XIV 

COUNTY GOVERNMENT 

155. County Government. — The State of Iowa 
is divided into ninety-nine counties. They usually 



M I 



N N 



LYON j oSCEOUk JDiCKINSON. EMMET | 

13494 ; 8827 ; 8130 10105 i 
1 1 ^ j 

PALO ALTOI 

14132 j 



SIOUX I O'BniEN I CLAY j 

24021 j 16710 j 12711 j 



[«lNNEBA6oI WORTH iMITCHELL 

i 2:?1!.!J.06_35 ! 14183 
KOSSUTH ■ j I 



PLYMOUTH 

2818 ! 15962 



I ! BUENA I 

jCHEROKEEJ til' 

15907 1 



•humboldt! 



I FLOYD CHICtCASArtj. 



IVIAP OF 

IOWA 

HowABo j wiNNE- 1 '^Lowitij; Coimties 

' 13523; SHIEK iALLAMAKE^"it»»P01>W'at»0n 



23107 j 18222 



state Census of 
1905 



I BREME 



14879 

WOODBURY ""I ida'^ gjc *"• SwEBSTErU 

60859 jlie46! 17065 ! nsog"' 33425 |": 
j L — J J — .J 

MONONA j CRAWFORD 

16857 



1 1"122 I ""'^" FRANKLIN- »"."-> ; | 

L_._. 17629 ! 14595 ! 17636 \J!>E^A 



, . 14595 . 

! !. 1 i. 



I FAYETTE I CLAYTON ' 

" 28552 j 26734 

-[ — i— 

KjBUCHANANJ DELAWARE I L 



^ "'»■"" : ™;r 1 30017 1 19134 I 18761 j 61471 



I 19381 I 21856 
f 

STORY I 



13607 

r 
~1 



•J-T- 



TAMA 1 



JONES i^*"^"'^ 

! 20427 \_?I]L 

CLINTON 



j i,n«vyhunij | —nnu..,. , gbeeNE j BOONE ; STORY IMABSHALLj "•'"" ! ! "0427 j_ 

i 21000 j 20012 i 16039 | 27604 ' 23660 i 23495 23291 I 24117 57362 |_- [ 

-Lj. { ,.J.._._! s. J. 4 J_._._i ,^^,„ K 

/u HAHHISON I SHELBY j»UDUBOfj GUTHRIE j DALLAS ! POLK ! JASPER !pOWESHIE»j IOWA I JOHNSON j ^gggg j ' 

rt \ 23702 L 17097 L12937L 18013 ^ 23035 ! 96950 ! 27156 ! 19445 \ 18977 [ 24683 j \.-,f5m 

^ \. J ._! 4 1 J 1 ^ ^.I I j MUSCATINEJ^^ 



I POTTAWATTAMIE'. CASS \ *°*lfl j MADiSON ' WAflBEN I MARION JmAHASKaJ KEOKUK [W- 

51867 ! 20222 j 15110 ! 16707 ! 19575 J 24107 ' 31430 i 22667 j 



,._i_ 



MERY i *D*"S ! 

001 ! 12262 I 



! 20116 ■ LOUISA 

,1_.-,._1_._— J-,12893i^ 

PELLoIjEFFEBSOnI HENRY j 



I 17021 ' 12262 I 18666 | 11639 j 15599 j 24376 I 36524 ] 16493 117722 j mcines 
i ^"~l j I i i ^"71 T i ;37472j 

T' PA6E ; TAYLOR IbiNSGOLdI DECATUR • WAYNE [APPANOOSE. DAVIS IvAN BUREN. •>. /// 



FREMONI. PJ6E 

16279 ! 23606 "l 



"i 17021 I 13955 ' 17044 ! 16905 

L J u J 



14266 I 16505 ' lee 



ILL. 



M 



contain sixteen Congressional townships, and the 
constitution forbids any new counties to be organized 

166 



COUNTY GOVERNMENT 167 

containing less than four hundred and thirty-two 
square miles, or twelve Congressional townships. 
(Constitution, Art. XL, Sec. 2.) Any change in the 
boundaries of a county requires the consent of the 
State Legislature, as well as that of all the counties 
affected. (Constitution, Art. IIL, Sec. 30.) There 
is a capital, or county seat, in each county, where the 
county buildings are located, and where the officers 
keep the records and attend to all necessary business. 
This county seat is located by the vote of the people, 
and can be changed only by a popular vote, which 
has been demanded by a petition from a majority of 
the legal voters. 

156. Two County Seats. — Some counties, like 
Pottawattamie and Lee, have two county seats. This 
occurs because of the size of the county or inability of 
the people to agree on one location. In Lee county, 
one of these county seats is at Fort Madison, and the 
other at Keokuk. There are two sets of books or rec- 
ords kept in the offices of the clerk, recorder, and treas- 
urer, i.e., one set at either county seat, and the 
sheriff has a deputy at each place. The district court 
meets at Fort Madison in January, April, June, and 
October, and at Keokuk in March, May, September, 
and November. The board of supervisors meet at 
Fort Madison, and the auditor's office and its records 
are there, though there is a deputy auditor at Keokuk. 
The county superintendent usually has his office at 
his home, in whatever part of the county that 
maybe. 

157. The County Officers. — The officers of the 
county are mentioned in the following table : 



i68 



CIVIL GOVERNMENT OF IOWA 



COUNTY OFFICERS. 



Officers. No. 
Supervisors. 3, 5, 
or 7. 
Auditor. 1. 



Treasurer. 



1. 



Co. Attorney. 1. 

Recorder. 1. 

Clerk of Court.l. 
Sheriff. 1. 



Term. 
3 years. 

2 years. 

2 years. 

2 years. 

2 years. 

2 years. 
2 years. 



How Chosen. Bond. 
Popular vote, None. 
I for every year. 
Popular vote, ^5,000 or 

even years 
Popular vote 

even years, 
Popular vote 

even years. 
Popular vote 

even years. 



Coroner. 



1. 2 years. 



1. 

Indefi- 
nite. 



Surveyor. 
Notaries 
Public. 
Superintend- 1. 
ent of Schools. 
Board on 
Uniform 
Text-books. 



2 years. 

3 years. 

2 years. 



Popular vote, 
even years. 

Popular vote, 
even years. 



more. 
85,000 or 

more. 
85,000 or 

more. 
Fixed by 
supervisors. 
«5,000. 
$5,000. 



Fixed by 
supervisors. 



Appointed by 8500. 

Governor. 

Popular vote, Fixed by 

even years, supervisors, 



Pay. 

Per diem 

and 
mileage. 
Salary. 

Salary. 

Salary. 

Salary. 

Salary. 
Salary 
and fees. 
Fees. 

Per diem. 
Fees. 

Salary. 



5,7, 
or 9. 



Supervisors, Auditor and County Superintendent 
of Schools. 



158. The Board of Supervisors. — The number 
of supervisors is three, five, or seven, at the option of 
the people of the county, and may be changed if the 
people wish. The number is not determined by popu- 
lation. They may be chosen by the votes of all 
electors in the county on the general ticket, or the 
county may be divided into supervisor districts, one 
for each member. In the former case, no two super- 
visors can be chosen from the same civil township. 
In the latter case, the electors of each district vote 
for one supervisor who is a resident of that district. 
Of course, election on a general ticket gives the better 



COUNTY GOVERNMENT 



169 



chance of selecting the most efficient men, but sec- 
tional jealousy often demands electing by districts. 
Below is a map of Blackhawk County showing its 
seven supervisor districts. 

BLACKHAWK COUNTY, IOWA 

With Townships and Supervisor Districts. 




1 59. The Duties of the County Supervisors. — 
These are similar to those of the township trustees, 
but more extensive.* They are both legislative and 
executive in their powers. 

(i.) Levying Taxes. They determine the amount 
of the tax to be raised for county purposes, and act 



170 CIVIL GOVERNMENT OF IOWA 

as a board of equalization of taxes between town- 
ships. 

(2.) Board of Review. Township taxes are 
reported to the board of supervisors, and compared. 
When it is evident that one township has been as- 
sessed at a lower valuation than others, for instance 
at one-fifth of the real value of property, when the 
other townships have been assessed at one-fourth or 
one-third, the supervisors, as a board of equalization, 
raise the assessment of that township to make it equal 
with the rest. The supervisors may remit taxes of 
individuals on account of poverty, but they may not 
equalize between individuals, that being the duty of 
township trustees and city councils, and appeals from 
these bodies can be made only to the courts and within 
twenty days after their meeting as a board of equaliza- 
tion. Code, § 1373. 

(3.) Canvassing Board. The board of supervi- 
sors also canvass the election returns reported to them 
by the township trustees, and report the votes on State 
officers to the State board of canvassers, viz., the 
executive council (260). 

(4. ) The Poor. The county supervisors have charge 
of the poor-house, or poor-farm, and are the proper 
parties to whom appeal is made in behalf of those 
who are in destitute circumstances, and for whom the 
township trustees do not make suitable provision. The 
question of the right to county aid has been discussed 
in a previous chapter. (139). 

(5.) Highways. The main roads used by the county 
and the bridges over streams crossed by these are 
constructed at the expense of the county, the money 



COUNTY GOVERNMENT I7I 

being raised by a bridge tax. A tax of one mill is also 
allowed to provide for the care of the roads. When a 
main thoroughfare approaches a stream at a point not 
suitable for bridging, the private land along the bank 
of the stream may be condemned (see Right of 
Eminent Domain, 192) by the board of supervisors, 
and the road extended along the bank to a place more 
favorable for a bridge. 

(6.) Finances. The finances of the county are in 
the hands of the supervisors, with certain restrictions 
prescribed by law. They approve all claims brought 
against the county, or, having examined into the case, 
decline to allow the bill. Claims which are allowed 
are paid by the county treasurer on an order or war- 
rant signed by the auditor. 

The regular meetings of the board of supervisors are 
held on the second secular day in January, the first 
Monday in April and June and the second Monday in 
September, also the first Monday after the general elec- 
tion in even-numbered years, and the first Monday in 
November in odd-numbered years. Soon after each 
meeting of this board, a report is made in the county 
papers. These reports sometimes contain very instruc- 
tive reading for students of civil government. 

1 60. The Public Buildings. — These may be such 
as the people of the county authorize. Provision must 
naturally be made for a jail, court-house, and county 
offices. In some counties these are combined in 
one, or in others, as Buchanan County, there are 
three. These buildings are under the control of the 
board of supervisors, who let contracts for their erec- 
tion, unless the expense is over five thousand dollars, 



172 CIVIL GOVERNMENT OF IOWA 

in which case the approval of the electors of the 
county must be secured. The grounds on which the 
county buildings stand are also under the control of 
the supervisors, and they may purchase sites for county 
buildings without referring the matter to the electors, 
unless the expense exceeds two thousand dollars. 

161. The County Auditor. — The county auditor 
acts as clerk of the board of supervisors, recording 
the proceedings of their meetings, and publishing the 
same in the leading county papers. He acts as gen- 
eral accountant and signs all warrants on the treasurer 
for the payment of claims approved by the board of 
supervisors. He furnishes the ballots and two poll- 
books for each election precinct, and afterwards re- 
ceives from the clerk (141) the returns of elections, 
including the abstract of votes cast for each candidate, 
one of the poll-books, and the ballots themselves strung 
on a wire, the ends of which are twisted together and 
sealed. These votes are ^preserved for six months, 
the time allowed by law for contesting an election. 
He furnishes also to each assessor in the county two 
assessor's books, in which are to be recorded the 
various taxes due from each tax-payer, and a list of 
all able-bodied men between the ages of eighteen and 
forty-five (145). After these books have been filled out 
by the assessors and corrected by the boards of equaliz- 
ation, one of them is returned to the auditor, and he 
prepares the tax lists for the county treasurer. The 
county auditor has charge of the permanent school 
fund for his county, and loans the same, apportioning 
the accruing interest among the school districts on the 
basis of school population. 



COUNTY GOVERNMENT I 73 

162- The County Treasurer. — ^The county treasurer 
receives and holds all moneys belonging to the county. 
His books show all the receipts and expenditures, and 
are always open to the inspection of the supervisors. 
All taxes are paid to him, with the exception of cases 
where he appoints deputies in different towns. Taxes 
are due the first of January of each year, but they may 
be paid in two equal installments, on the first of March 
and on the first of September. If the first installment 
is not paid by the first of April, there is a penalty 
of one per cent, a month from March i on the whole 
amount ; and on the first Monday in December the 
real estate on which taxes are still delinquent is 
required to be sold by the treasurer of the county. 
The title given to the purchaser is called a tax-title, 
and is subject to certain privileges of redemption by 
the delinquent tax-payer. 

1 63. The County Attorney. — The county attor- 
ney is the legal advisor of the supervisors and other 
county officers, and appears for the State in the pros- 
ecution of criminals, or in civil cases where the county 
is involved. 

164. The County Recorder. — The county re- 
corder keeps a verbatim copy of all deeds and mort- 
gages, with the exact time of registering each. 

(i) A deed is a written document conveying the 
ownership of real property from one party to another. 
The original deed, by which real estate is granted 
by the United States government to an individual or 
corporation, is called a patent. 

(2.) A mortgage is a deed conditioned on the non- 
payment of certain obligations mentioned therein. 



174 CIVIL GOVERNMENT OF IOWA 

Mortgages are given on real estate and on personal 
property ; the latter are called chattel mortgages. 

1 65. Buying Real Estate. — When one buys real 
estate, it is necessary to consult the books of the 
county recorder to be certain that the title is clear, 
and that there are no mortgages recorded against it. If 
there is such a mortgage, it must be satisfied by the 
new owner, even though he was ignorant of its exis- 
tence, and paid full value for the property. If the 
mortgage had not been entered on the books of the 
county recorder, the note which it was intended to 
secure cannot be collected from the new owner of the 
property. Sometimes several mortgages are given 
on the same property, and are called first, second, and 
third mortgages. These must be satisfied in their 
order, and, as the mortgage first recorded is, gener- 
ally speaking, the first mortgage to be satisfied, the 
date and hour of registration is a matter of importance. 

166. The County Clerk.— The clerk of the dis- 
trict court, usually called the county clerk, keeps 
the records, papers, and official seal of the court. He 
also keeps various books in which are recorded the 
judgments which the court has granted as satisfaction 
to parties in civil suits; also various other claims, 
such as mechanic's liens, attachments, and other 
incumbrances on property. Here, then, on the books 
of the county clerk is another list of items important 
to purchasers of property, inasmuch as the property, 
even after changing hands, is liable to sale for satis- 
faction of these liens. There are, then, three places 
where incumbrances are recorded, and which should 
be consulted when one buys property : 



COUNTY GOVERNMENT 1 75 

(i.) The treasurer's books, for evidence of delin- 
quent taxes. 

(2.) The recorder's books, for mortgages. 

(3.) The clerk's books, for judgments and other 
liens. 

One may obtain an abstract of title for a piece of 
property by consulting any person who keeps a set 
of abstracts. This person charges a price for the 
paper, which he guarantees to contain a statement of 
all liens recorded in these three places, as well as 
a full history of past changes in ownership. 

167. Other Duties of the County Clerk.— The 
county clerk, under the supervision of the district 
court, appoints administrators and guardians, and 
attends to the probating of wills, and various other 
duties formerly pertaining to the circuit court (274). 
He keeps a register of births and deaths, and issues 
marriage licenses. He makes annual reports to the 
governor, describing the nature of the criminal offenses 
that have come before the county court. 

168. The Sheriff. — The sheriff is the executive 
or ministerial officer of the district court. He serves 
all papers issued by the court, such as subpoenas for 
summoning witnesses, search warrants, and warrants 
for arrest (143), and may serve similar papers for 
lower courts. He has charge of the county jail and the 
prisoners. He gives notice of general and special elec- 
tions, and serves as the peace officer of the county. 

1 69. The Coroner. — The coroner investigates any 
case of death under unusual or suspicious circum- 
stances, and summons a jury of three men to *'sit 
on the case" and render a verdict as to the probable 



176 CIVIL GOVERNMENT OF IOWA 

cause. He may issue a warrant for the arrest and 
examination of any person whom the jury may name. 
He has authority also to subpcena witnesses for the 
inquest, as the sitting of the jury is called. When the 
sheriff is absent, or unable to serve on account of rela- 
tionship to the parties to be arrested in any case, the 
coroner serves the papers. 

I70. Notaries Public. — When important papers 
need signature, it is quite necessary that some official 
person should guarantee that the signatures are authen- 
tic, and are made freely and without constraint. This 
is especially true in regard to deeds, mortgages, and 
other papers which involve title to property. Notaries 
public are men selected and commissioned by the 
governor to give such guarantee, which they do by 
attaching a slip of paper to the document in question, 
stating that they know the parties and that the signers 
have declared their signatures to be free from constraint 
of every kind. This is signed by the notary and 
stamped with the notarial seal. Notaries' commissions 
all end July 4, 1909, and each third year after that. 

I7|. The County Superintendent. — The superin- 
tendent conducts the examination of teachers, but 
the answer papers are marked, and certificates issued, 
under the supervision of the State educational board 
of examiners. He is expected to provide an institute 
for the instruction of his teachers in methods of teach- 
ing, and local meetings for discussion of education, and 
to promote the interests of the schools in his county. 
He settles disputes about the removal of teachers and 
hears complaints of various kinds touching school 
affairs not involving money claims or the election of 
a school officer. 



COUNTY GOVERNMENT 



177 



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means, a clerk is ap- 
pointed by the council. 

* Appointed by council 
in cities of less than 4000. 

t Food and Dairy Com- 
missioner, Mine Inspect- 
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178 CIVIL GOVERNMENT OF IOWA 

An appeal may be taken from his decision to the 
State superintendent. The state provides fifty dollars a 
year for each county to aid in defraying the expenses of 
the county institute, and each teacher in attendance pays 
a membership fee of one dollar. Every teacher pays 
one dollar for an examination fee, and one dollar a year 
for the registration of his certificate in the county where 
he teaches. The county superintendent receives reports 
from the secretaries of the various school districts, and 
sends an abstract of the same to the State superin- 
tendent on the last Tuesday in August of each year. 

17 i a. The County Surveyor. — The surveyor 
makes all surveys of land in his county, and tran- 
scribes field notes and plats into a book provided for 
the purpose. The law holds these records presump- 
tively correct. He receives a per diem and fees from 
the person requesting the survey. Code, § 534 and 
543. 



SUGGESTIVE QUESTIONS. 

1. What two types of township government are 
found in the states west of the Alleghanies ? Hins- 
dale's American Government, §§ 80-82, and Fiske^s 
Civil Government, p. 92. 

2. What two eastern states furnished these types } 

3. Which state did Iowa follow in her township 
government ? 

4. Which did Illinois follow ? 

5. How was the county board of supervisors organ- 
ized in New York by the law of 1703. Fiske, p. 79. 



CHAPTER XV 



STATE GOVERNMENT 



172. The Constitution. — The State government 
of Iowa is outHned in the Constitution of 1857. The 
circumstances under which this Constitution was sub- 
stituted for that of 1 846 have already been described 
in the history of Iowa (62-64). It opens with what 
is called the preamble, but is really both a preamble 
and an enacting clause. It reads as follows : 

173. The Preamble. — We, the people of the 
State of Iowa, grateful to the Supreme Being for the 
blessings hitherto enjoyed, and feeling our dependence 
on Him for a continuation of those blessings, do ordain 
and establish a free and independent government, by 
the name of the State of Iowa, the boundaries whereof 
shall be as follows :' 

Beginning in the middle of the main channel of the 
Mississippi river, at a point due east of the middle of 
the mouth of the main channel of the Des Moines river, 
thence up the middle of the main channel of the said 
Des Moines river, to a point on said river where the 
northern boundary line of the State of Missouri — as 
established by the Constitution of that State, adopted 
June 12, 1820 — crosses the said middle of the main 
channel of the said Des Moines river ; thence west- 
wardly along the said northern boundary line of the 
State of Missouri, as established at the time aforesaid, 
until an extension of said line intersects the middle of 
main channel of the Missouri river; thence up the mid- 
dle of the main channel of the said Missouri river to a 
point opposite the middle of the main channel of the 
Big Sioux river, according to Nicolett's map; thence up 
the middle of the main channel of the Big Sioux river, 

179 



i8o 



CIVIL GOVERNMENT OF IOWA 



according to said map, until it is intersected by the par- 
allel of forty-three degrees and thirty minutes north 
latitude ; thence east along said parallel of forty-three 
degrees and thirty minutes, until said parallel intersects 
the middle of the main channel of the Mississippi river ; 
thence down the middle of the main channel of the said 
Mississippi river to the place of beginning. 



MAP OF IOWA SHOV^ING THE CONGRESSIONAL DIS- 
TRICTS FROM WHICH REPRESENTATIVES ARE 
CHOSEN FOR CONGRESS OF THE UNITED STATES. 



MINKESOTA 



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SHOWING THE 

CONQRESSIONAL 
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MI SSOURI 




In connection with the boundaries designated here 
students of the history of Iowa will do well to review 
what is said about the Constitution proposed in 1844 
(31-40). The citizens of a proposed state may sug- 
gest its boundaries, but the Federal Congress alone 
can determine what those boundaries shall be. Con- 
gress has power to cut up a territory into several parts, 



STATE GOVERNMENT l8l 

making one part a state and reorganizing the rest into 
a new territory, as was done with the old Territory of 
Nebraska, which furnished the State of Nebraska and 
the Territory of Dakota; or it may make two states of 
one territory, as was done afterwards with Dakota. 
After a state has once been admitted, Congress has 
no power to change its boundaries, to make a new 
state out of part of an old one, or to unite two states 
in one without the consent of the state or states 
affected. ^ Twice in the history of Iowa has this state 
had a dispute with Missouri as to the boundary line 
between the states, and on both occasions the dispute 
was referred to the United States courts as the only 
authority having power to interpret the act of Con- 
gress by which the boundary line of northern Missouri 
was determined as stated in the Constitution of that 
state (25). 

1 74. The Bill of Rights — It is very common in 
making a new Constitution to state in an article by 
themselves the rights which the government must con- 
cede to the people. We shall consider this bill by 
sections : 

ARTICLE I. 

Inalienable Rights of Men, — Section 1. All men 
are, by nature, free and equal, and have certain inalien- 
able rights, among which are those of enjoying and 
defending life and liberty, acquiring, possessing, and 
protecting property, and pursuing and obtaining safety 
and happiness. 

Notice the similarity of language here and in the 
Declaration of Independence : * ' We hold these truths 

* For the seeming contradiction of this statement, in the case of 
West Virginia, see Hinsdale's American Government, Sec. 597. 



1 82 CIVIL GOVERNMENT OF IOWA. 

to be self-evident, that all men are created equal: 
that they are endowed by their Creator with certain 
inalienable rights ; that among these are life, liberty, 
and the pursuit of happiness." 

175. Political Power Inherent in the People. — 

Sec. 2. All political power is inherent in the people. 
Government is instituted for the protection, security, 
and benefit of the people, and they have the right, at 
all times, to alter or reform the same, whenever the 
public good may require it. 

Political power, or authority over citizens, is nec- 
essarily derived from those citizens. Notice the three- 
fold purpose of government. Only the main features 
of the government are determined by the constitution. 
A vast number of details are arranged by the General 
Assembly and described in statutes, which may be 
changed at any session of that body. 

176. No State Religion.— Sec. 3. The General 
Assembly shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof; 
nor shall any person be compelled to attend any place 
of worship, pay tithes, taxes, or other rates for building 
or repairing places of worship, or the maintenance of 
any minister, or ministry. 

The purport of this section may be remembered by 

the following outline : 

Religion: 

1. Establishment. 

2. Prohibition. 

3. Compulsion as to 

(a) Attendance. 

(b) Financial support. 

177. Religious Tests. — Sec. 4. No religious 
tests shall be required as a qualification for any office of 
public trust, and no person shall be deprived of any of 
his rights, privileges, or capacities, or disqualified from 
the performance of any of his public or private duties, 



\ 

STATE GOVERNMENT 1 83 

or rendered incompetent to give evidence in any court 
of law or equity, in consequence of his opinions on the 
subject of religion ; and any party to any judicial pro- 
ceeding shall have the right to use as a witness, or take 
the testimony of any other person not disqualified on 
account of interest, who may be cognizant of any fact 
material to the case ; and parties to suits may be wit- 
nesses, as provided by law. 

Will the fact that a man is an infidel disqualify him 
for the position of district judge ? May a man be 
refused the privilege of voting on the ground of being 
an atheist ? May a man be refused as a witness in 
court because he is known to be openly opposed to 
religion ? 

178. The Penalty for Dueling.— Sec. 5. Any 
citizen of this State who may hereafter be engaged, 
either directly or indirectly, in a duel, either as principal 
or accessory before the fact, shall forever be disqualified 
from holding any office under the Constitution and laws 
of this State. 

An accessory before the fact is one who commands 
or counsels an offense, not being present at its com- 
mission. An accessory after the fact is one who, 
after an offense, assists or shelters the offender, not 
being present at the commission of the offense. (In- 
ternatio7ial Dictionary^ 

1 79. Uniform Action of Laws. — Sec. 6. All laws 
of a general nature shall have a uniform operation; the 
General Assembly shall not grant to any citizen, or 
class of citizens, privileges or immunities which, upon 
the same terms, shall not equally belong to all citizens. 

This is to prevent partiality toward individuals or 
corporations. 

180. Freedom of Speech and Press. — Sec. 7. 
Every person may speak, write, and publish his senti- 
ments on all subjects, being responsible for the abuse of 



184 CIVIL GOVERNMENT OF IOWA 

that right. No law shall be passed to restrain or abridge 
the liberty of speech, or of the press. In all prosecu- 
tions or indictments for libel, the truth may be given in 
evidence to the jury; and if it appear to the jury that 
the matter charged as libelous was true, and was pub- 
lished with good motives and for justifiable ends, the 
party shall be acquitted. 

Does this provision leave any safeguard against the 
abuse of freedom of speech ? In cases of libel, v^hat 
consideration is paid to the motives of the accused ? 
What is the difference between slander and libel ? 

181. Security from Arrest and Search, — Sec. 8. 
The right of the people to be secure in their persons, 
houses, papers, and effects against unreasonable seizures 
and searches shall not be violated; and no warrant shall 
issue but on probable cause, supported by oath or affir- 
mation, particularly describing the place to be searched 
and the persons and things to be seized. 

If there is good reason to believe that a specified 
article has been stolen and is now concealed in a cer- 
tain house, no one may enter and make search for the 
article without securing a search warrant from some 
justice of the peace or other magistrate. According 
to the above section, what will the justice require one 
to swear to before he gives him the warrant ? Gener- 
ally speaking, a man may not be arrested without a 
warrant; but there are many exceptions to this, for an 
officer or even a private citizen may arrest, without a 
warrant, any party who is caught in the act; or, when 
the probability of guilt is great, the formality of the 
warrant is sometimes ignored by the officer making 
the arrest. May an officer insist on searching any 
house because there is reason to suspect that some- 
thing is concealed therein, though the warrant does 
not specify for what the search is to be made ? 



STATE GOVERNMENT 1 85 

182. Trial by Jury.— Sec. 9. The right of trial by 
Jary shall remain inviolate; but the General Assembly 
may authorize trial by a jury of a less number than 
twelve men in inferior courts; but no person shall be 
deprived of life, liberty, or property, without due pro- 
cess of law. 

If a person is tried by a jury of eleven men without 
his specific consent to the irregularity in number, the 
trial is illegal and he is entitled to another trial. 
(Code, p. 64.) The General Assembly has author- 
ized a jury of six in a justice court (277). 

183. Rights of the Accnsed.— Sec. 10. In all 
criminal prosecutions, and in cases involving the life or 
liberty of an individual, the accused shall have a right to 
a speedy and public trial by an impartial jury; to be 
informed of the accusation against him; to have a copy 
of the same when demanded; to be confronted with the 
witnesses against him; to have compulsory process for 
his witnesses, and to have the assistance of counsel. 

Prepare a topical recitation on The Rights of the 

Accused: 

1. The kind of trial. 

2. The jury. 

3. The accusation. 

4. Witnesses for and against the accused. 

5. Counsel. 

An impartial jury is secured by the privilege given 
both to the accused and the accuser, ol challenging or 
objecting to any jurors who may be considered preju- 
diced. Challenges are of two kinds:. 

1. Peremptory. 

2. For cause. 

Peremptory challenges are made without giving any 
reason. Challenges for cause specify why objection 
is made. The number of peremptory challenges is 
limited; the causes for which a juror may be chal- 



l86 CIVIL GOVERNMENT OF IOWA 

lenged are designated in the Code. (Code, § 3688.) 
If the accused has not the means to pay for counsel, 
the State must furnish it. 

\ 84. Indictment by the G-rand Jury.— Sec. 1 1 . All 
offenses less than felony, and in which the punishment 
does not exceed a fine of one hundred dollars, or imprison- 
ment for thirty days, shall be tried summarily before a 
Justice of the Peace, or other officer authorized by law, 
on information under oath, without indictment, or the 
intervention of a grand jury, saving to the defendant 
the right of appeal; and no person shall be held to 
answer for any higher criminal offense, unless on pre- 
sentment or indictment by a grand jury, except in cases 
arising in the army, or navy, or in the militia, when in 
actual service, in time of war or public danger. 

Public offenses are divided into 

1. Felonies. 

2. Misdemeanors. 

A felony is a public offense which may be punished by 
imprisonment in the penitentiary. All public offenses 
calling for less severe punishment than felonies are 
misdemeanors. (Code, §§ 5092-5094.) The word 
crime is used loosely and may stand for a felony or a 
misdemeanor. An indictment is a formal accusation 
by a grand jury, who examine the evidence presented, 
and by their action determine whether the evidence is 
sufficient to warrant the trial of the accused by the 
district court. An indiciment, is not necessary in 
cases that may be tried, as above stated, by a justice 
of the peace, but an appeal is allowed from the 
decision of the justice in all criminal cases, and in all 
civil cases involving over twenty-five dollars. Notice 
that cases in the army, navy, or the militia when in 
actual service, are tried by court-martial, and do not 






STATE GOVERNMENT 1 87 

require indictment by the grand jury. In time of 
war or public danger, the indictment is not always 
required, because public safety may demand summary 
action, and private rights must temporarily yield to 
the public good. 

185. Second Trial. — Bail — Sec. 12. No person 
shall, after acquittal, be tried for the same offense. All 
persons shall, before conviction, be bailable, by suffi- 
cient sureties, except for capital offenses, where the 
proof is evident or the presumption great. 

There are some apparent exceptions to the first 
part of this section, as where fraud has been discovered 
in the trial. 

186. Habeas Corpus. — Sec. 13. The writ of ha- 
beas corpus shall not be suspended or refused when 
application is made as required by law, unless in case of 
rebellion or invasion the public safety may require it. 

Formerly it was common in England to arrest, 
without real cause, parties who were for any reason 
obnoxious to the king, and to imprison them indefi- 
nitely in the Tower of London. The same custom 
prevailed in France; and the Bastile was often filled 
with prisoners, many of whom had committed no 
crime, but were incarcerated for personal or political 
reasons. Charles Dickens, in his great historical novel, 
''A Tale of Two Cities," has described the libera- 
tion of such a man, a physician, who had been in 
solitary confinement for eighteen years. 

187. Definition and Illustration. — The writ of 
habeas corpus is a paper which any one who is 
imprisoned without cause may have served upon his 
jailer, requiring that person to bring the prisoner 



1 88 CIVIL GOVERNMENT OF IOWA 

before the judge who has granted the writ, and show 
why the prisoner is deprived of his Hberty. If the jailer 
does not satisfy the judge, he is obHged to release the 
prisoner. This writ may be served on any one who is 
restraining another party for whatever cause. Lately 
a man and wife were divorced and their son was given 
by the court to the father, but the mother stole the 
child and refused to give him up. The father appealed 
to a judge of the district court, who issued a writ of 
habeas corpus requiring the mother to bring the child 
into court, and show by what authority she was detain- 
ing him. The writ may be issued by any court of a 
grade superior to that which caused the imprisonment 
of the party; but as a rule the United States courts 
cannot interfere with those imprisoned under State 
laws, unless in cases where the National laws are 
involved. Neither, as a rule, can State courts issue a 
writ interfering with the action of Federal courts. 

Below is a copy of a writ issued by the Superior 
Court of Cedar Rapids, in behalf of a man who 
claimed to have been imprisoned without privilege of 
bail. For obvious reasons we do not quote the real 
name of the party in the case. 

Smith & Clemans filed a petition in the Superior 
Court for a writ of habeas corpus to secure the 
release of Richard Roe from the county jail at Marion. 
Judge Stoneman granted the writ, and the order directed 
to Constable Oxley of Marion reads as follows : 

"You are hereby commanded to have the body of 
Richard Roe, by you unlawfully detained, as is alleged 
in the petition before me, John T. Stoneman, judge of 
the Superior Court, in and for the city of Cedar Rapids, 
Linn County, Iowa, at the Superior Court in the city of 
Cedar Rapids, Linn County, Iowa, on this 10th day of 



STATE GOVERNMENT l8q 

February, 1893, forthwith, to be dealt with according to 
law, and have you then and there this writ, with the 
return thereon, with your doings in the premises." 

188. Relation of Military to Civil Power. — Sec. 
14. The military shall be subordinate to the civil 
power. No standing army shall be kept up by the State 
in time of peace; and in time of war, no appropriation 
for a standing army shall be for a longer time than two 
years. 

Art. IV., Sec. /., shows how the military is kept 
subordinate to the civil power. 

The last part of the clause is intended to prevent 
the legislature from supporting a standing army con- 
trary to the will of the people. 

189. Forced Hospitality to Soldiers. — Sec. 15. 
No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of 
tvar except in the manner prescribed by law. 

Students of United States history will recall how, 
just before the Revolution, the ' ' populous and com- 
mercial town of Boston was garrisoned with an army 
(British), sent not to protect but enslave its inhabit- 
ants," and how by that means the " civil government 
was overturned and a military despotism erected upon 
its ruins." It was quite customary then to force 
private families to shelter and feed the soldiers o' 
King George. 

190. Treason. — Sec. 16. Treason against the State 
shall consist only in levying war against it, adhering to 
its enemies, or giving them aid and comfort. No per- 
son shall be convicted of treason, unless on the evidence 
of two witnesses to the same overt act, or confession in 
open court. 

Notice three points in the definition of treason; also 
four points in connection with conviction. 



190 CIVIL GOVERNMENT OF IOWA 

191. Injustice and Cruelty to Prisoners. — Sec. 17. 

Excessive bail shall not be required; excessive fines 
shall not be imposed, and cruel and unusual punishment 
shall not be inflicted. 

This section prevents unprincipled judges from 

using extortion and cruelty toward helpless prisoners, 

a very common practice in olden times. Read the 

articles on "Prisons and Prison Discipline," in the 

International Cyclopcedia. 

192. Eminent Domain. — Sec. 18. Private prop- 
erty shall not be taken for public use without just 
compensation first being made, or secured to be made 
to the owner thereof, as soon as the damages shall be 
assessed by a jury, who shall not take into consideration 
any advantages that may result to said owner on account 
of the improvement for which it is taken. 

The right of eminent domain allows the government 
to require the sale of private property, if it is 7teeded 
for the public good, not otherwise. This is a funda- 
mental principle in government. The right is fre- 
quently exercised in what is called condemning private 
property to secure a location for a school-house, or to 
extend a street through a private lot. An appeal may 
be taken from the decision of the appraising jury to 
the district court. Explain the last clause of sec- 
tion 18. 

193. Imprisonment for Debt. — Sec. 19. No per- 
son shall be imprisoned for debt in any civil action, on 
mesne or final process, unless in case of fraud; and no 
person shall be imprisoned for a military fine in time of 
peace. 

Until the passage of the later bankrupt laws in Eng- 
land, the prisons of that country were crowded with 
debtors. A vivid picture of this condition of affairs 
may be found in the description of the Marshalsea and 



STATE GOVERNMENT I9I 

other debtors' prisons in Dickens' ''Little Dorrit." 
The colony of Georgia was planned by Oglethorpe as 
an asylum for insolvent debtors. With regard to the 
arrest of debtors, most of the States of the Union 
have followed the example of New York, where 
imprisonment for debt, except in certain cases, was 
abolished in 1831. In case of fraud, the party 
would be imprisoned for a misdemeanor, and not for 
debt. Mesne process is the process intervening 
between the beginning and the end of a suit. Final 
process is a writ of execution in action at law. (/;2- 
ternational Dictionary.^ 

194. Right of Assembly and Petition. — Sec. 20. 
The people have the right freely to assemble together 
to counsel for the common good; to make known their 
opinions to their representatives and to petition for a 
redress of grievances. 

The industrial armies under Coxey and Kelly in 
1894 were cases of assembly and petition combined, 
but the men composing some of these armies were 
guilty of many abuses of their privileges while on the 
march. 

195. Attainder, Ex Post Facto, Etc. — Sec. 21. 
No bill of attainder, ex post facto law, or law impairing 
the obligation of contracts, shall ever be passed. 

A bill of attainder is a judicial act passed by a legis- 
lative body, condemning a man to death or outlawry 
without a fair trial "for offenses against the state or 
public peace," i.e., political offenses. In England, 
bills of attainder were formerly a favorite means of dis- 
posing of obnoxious noblemen, and of securing large 
fortunes to the crown. Such acts were accompanied 
by (i) the confiscation of property, and (2) the forfeit- 



192 CIVIL GOVERNMENT OF IOWA 

ure of all claims to legal rights and protection. By 
this ' ' attaint " or " corruption of blood, ' ' the children 
of the condemned were debarred from inheritance of 
any property through him. 

i 96. Ex Post Facto Laws. — Ex post facto lawsf 
are laws making criminal an act which was not crim- 
inal when committed, or laying upon an act previously 
committed a penalty heavier than was required by 
law when the act was committed. Ex post factp 
laws are retro-active, but all retro-active laws are no^ 
ex post facto, for the ex post facto principle does not 
apply to civil cases. 

197. Impairing Obligation of Contracts. — No 
law may be passed which releases a party from a 
contract made before the law was passed. Even 
the Federal Constititution forbids states to pass such 
laws ; and when the State of Tennessee annulled 
the charter of the city of Memphis, and gave it a new 
charter, which declared that the city was not liable 
for any debts contracted under the old charter, the 
case was taken into the Federal courts, and the char- 
ter declared unconstitutional in so far as it impaired 
the previous contracts of the city. 

198. Rights of Foreigners. — Sec. 22. Foreigners 
who are or may hereafter become residents of this 
State shall enjoy the same rights in respect to the pos- 
session, enjoyment, and descent of property as native- 
born citizens. 

Does this give foreigners the right of elective fran- 
chise (voting) ? 

199. Slavery.— Sec. 23. There shall be no slavery 
in this State; nor shall there be involuntary servitude, 
unless for the punishment of crime. 



STATE GOVERNMENT 1 93 

The citizens of Iowa have never had any sympathy 
with slavery, though in the early days, previous to the 
Missouri Compromise, some slaves were owned here 

(73). 

200. Lease of Lands. — Sec. 24. No lease or grant 
of agricultural lands, reserving any rent, or service of 
any kind, shall be valid for a longer period than twenty 
years. 

It is a very interesting fact, but one not very gener- 
ally known, that farm lands may not be leased for a 
longer period than twenty years. At the end of that 
time, if desired, the lease may be renewed. 

201. Reservation of Rights. — Sec. 25. The enu- 
meration of rights shall not be construed to impair or 
deny others, retained by the people. 

What is the object of this section ? 

202. Prohibitory Amendment. — (Sec. 26. No 
person shall manufacture for sale, or sell, or keep for 
sale, as a beverage, any intoxicating liquors whatever, 
including ale, wine and beer. The General Assembly 
shall by law prescribe regulations for the enforcement 
of the prohibition herein contained, and shall thereby 
provide suitable penalties for the violation of the pro- 
vision hereof.) 

(The foregoing amendment was adopted at a special 
election held on June 27, 1882. The Supreme court, 
April 21, 1883, in the case of Koehler & Lange vs. Hill, 
reported in 60th Iowa, page 543, held that, owing to 
certain irregularities, the amendment was not legally 
submitted to the electors, and did not become a part of 
the constitution.) 

SUGGESTIVE QUESTIONS. 

1. How was prohibition of the liquor traffic se- 
cured, when the prohibitory amendment proved a 
failure ? 

2. What is the Mulct Law.? The Manufacturer's 
Bill ? 



CHAPTER XVI 

ARTICLE II. RIGHT OF SUFFRAGE 

203. Qualification.— Section 1. Every {white) 
male citizen of the United States, of the age of twenty- 
one years, who shall have been a resident of this state 
six months next preceding the election, and of the 
county in which he claims his vote sixty days, shall be 
entitled to vote at all elections which are now or here- 
after may be authorized by law. 

(Amended by striking out the word "white" at the 
general election in 1868.) 

Show by outline the qualifications required in a voter 

in Iowa. 

Qualifications for voting in Iowa: 

1. Sex. 

2. Citizenship. 

3. Age. 

4. Residence. 
{a) In State. 
{b) In District. 

When it was proposed to pass a law giving women 
the right to vote, the opponents of the law said it was 
unconstitutional. Is there anything in this section 
forbidding the legislature to give women the elective 
franchise } The General Assembly finally passed a law 
giving women the privilege of voting on financial 
questions in city and school elections. Is this law 
any more in accordance with the terms of the Consti- 
tution than the law first proposed t 

The statutes of the United States require a residence 
of five years before a foreigner can, by naturalization, 

194 



RIGHT OF SUFFRAGE I95 

become a citizen of the United States. Every state 
is allowed to decide for itself what shall be the quali- 
fications of its electors (voters), and many states 
allow aliens to vote as soon as they have declared their 
intention of becoming citizens. See the "World 
Almanac " for a statement of requirements in a voter in 
each State in the Union. 

204. Privilege from Arrest. — Sec. 2. Electors 
shall, in all cases except treason, felony, or breach of the 
peace, be privileged from arrest on the days of election, 
during their attendance at such elections, going to and 
returning therefrom. 

If it were not for this provision in the Constitution, 
men might be deprived of the privilege of voting by 
an arrest on some unimportant or even feigned griev- 
ance of a private nature. Notice the nature of the 
exceptions to this exemption from arrest. 

205. Exemption from Military Duty. — Sec. 3. No 
elector shall be obliged to perform military duty on the 
day of the election, except in time of war or public 
danger. 

If the militia were required to be in camp on elec- 
tion day, it would work a hardship in connection with 
their voting privilege; but in time of a riot or other 
public danger, the militia must be available to protect 
society. 

206. Besidence of Soldiers and Marines. — Sec 4. 
No person in the military, naval, or marine service of 
the United States shall be considered a resident of this 
State by being stationed in any garrison, barrack, or 
mihtary or naval place or station within this State. 

The vote of soldiers in barracks in a small town 
would be a menace to the wishes of the residents 
while the soldiers would have no vital interests at stake. 



196 CIVIL GOVERNMENT OF IOWA 

207. Disqualifications for Elective Franchise. — 

Sec. 5. No idiot, or insane person, or person convicted 
of any infamous crime shall be entitled to the privilege 
of an elector. 

An idiot is one who has been weak-minded from 
birth. An imbecile is one who has become weak- 
minded through disease or accident. An insane person 
is one whose mind is in any way seriously unbalanced. 
Such people lack the intelligence necessary for the 
safe use of the ballot. They would become the tools 
of politicians. By an infamous crime is meant one 
punished with imprisonment in the penitentiary. Crim- 
inals of this class certainly should not be trusted with 
the ballot. Provision is made, however, for the restora- 
tion of the franchise to such parties through the action of 
the governor, and this is commonly done in the case of 
criminals who show promise of permanent reform. 

208- Parole of Prisoners. — In this connection it is 
interesting to know that the law provides for a reduction 
of the time of imprisonment, in the case of prisoners 
who show evidence of reform. The law provides a 
maximum time of imprisonment for each offense, and 
every prisoner sentenced to the penitentiary is liable to 
be kept there the full term if he does not behave well. 
The penitentiary at Anamosa serves as a reformatory 
for the confinement of first offenders under thirty years 
of age, who are thus kept entirely separate from the 
more hardened criminals. A board of parole, consisting 
of three members appointed by the governor, makes rules 
and regulations under which it may release prisoners 
from either penitentiary on parole, for good behavior, 
and exercise supervision over them while they are absent 



RIGHT OF SUFFRAGE 1 9/ 

from the penitentiary. The time spent on parole does 
not count as part of the term of imprisonment, in case 
the prisoner violates the condition of his parole. If the 
prisoner on parole for more than twelve months shows 
evidence of reform, the board may recommend that the 
governor pardon him, and this is usually done. In con- 
sequence of such good behavior, or on his own judgment, 
the governor may restore the franchise to a criminal. 
(Code § 5706; Laws of 1907.) 

209. Elections. — Sec. 6. All elections by the peo- 
ple shall be by ballot. 

Amendment. — The general election for State, County 
and Township officers shall be held on the Tuesday next 
after the first Monday in November. 

(The foregoing amendment was adopted at the general 
election in 1884.) 

By an amendment adopted in 1904 (see Sec. 16 of 
Schedule, page 279) the general election is held only in 
even-numbered years. 

2 I O. Registration. — All voters in cities of thirty-five 
hundred inhabitants are required to register before elec- 
tion, giving their names and certain other items of infor- 
mation as stated in the li3t below. (Code § 1076.) 

1. Residence. 7. Naturalized (?). 

2. Name. 8. Date. 

3. Age. 9. Court. 

4. Nativity. 10. By act of Congress. 

5. Color. 11. Qualified voter. 

6. Term of residence in pre- 12. Date of application. 

cinct, county, State. 13. Last preceding residence. 

Each of these items is a heading for a column in the 
registration book, so that the same items of informa- 



19^ CIVIL GOVERNMENT OF IOWA 

tion are recorded opposite each name registered. 
As the information is furnished under oath by the 
party registered, a man has to commit perjury to 
secure registration before he has been naturahzed, or 
before he has satisfied the legal requirements as to 
age or residence. Every year new lists of voters are 
made, and all voters on the previous year's list who 
failed to vote at the last election must re-register. 
For the presidential election, every one must re-register. 
Certain days are advertised on which the registration 
board will be in session, and neglect to register on 
these days deprives one of the privilege of voting, 
unless he can prove that he was out of town on these 
days. 

2M. Th8 Ballot. — ''When members of Parlia- 
ment were first elected in England, the choice of the 
voter was manifested by the voice, by show of the 
hands, or other public sign. Voting for members of 
Parliament continued to be by voice till 1872, when 
the secret ballot was introduced. Voting by ballot 
was provided for in some of the colonial charters, and 
in some of the colonies and states it has always pre- 
vailed. In other states, especially in the South, the 
ballot was not used until after the Civil War. Now 
its use is required by every state but two.^ The ob- 
ject of the ballot is to secure secrecy, that the voter 
may be free to express his real choice without fear or 
intimidation." — Macy's Our Government, p. 86. 

2 1 2. The Australian Ballot. — The ballot was an 
improvement on viva voce voting, but did not secure 

'The two states alluded to are Kentucky and Oregon. Both now 
use the ballot. 



RIGHT OF SUFFRAGE 



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secrecy. Formerly the bal- 
lots were printed by private 
parties, and friends of the 
candidates would follow the 
voter to the very ballot-box, 
urging, coaxing, threatening, 
and even trying to bribe him 
to vote their ticket. Under 
these circumstances it was 
an easy matter to know how 
a man voted; and, as a con- 
sequence, men very often 
voted, not as they desired 
but as their employers, or 
certain influential persons, 
wished them to vote. Now 
some secret form of voting 
is required in most states. 
The so-called Australian bal- 
lot had its origin in New 
South Wales, Australia, in 
1857. It was adopted in 
England about 1872,"^ and 
since then has been intro- 
duced with some modifica- 
tions in Canada and many 
of the states of our Union. 
2 1 3. The Belgian Bal- 
lot. — * ' The Iowa law is 
based upon a plan used in 
Belgium, and should prop- 
erly be called the * Belgian 

* Feilden's Cons. History p. 147. 



200 CIVIL GOVERIIJMENT OF IOWA 

ballot.* By the former plan, the candidates are 
classified by offices, while by the latter they are 
grouped by political parties." — Chandler's Iowa a7id 
the Nation, p. 102. By the Iowa method of voting, 
the ballots are printed and sent to the judges of elec- 
tions by the county auditor, and every ballot must be 
returned to the auditor with the report of the elec- 
tion. Even the ballots mutilated by mistakes made 
by voters must be preserved and returned with the 
rest. Each ballot has the names of all the candidates 
on it, the candidates of each party being in a 
separate column. A specimen of the top of a regula- 
tion ballot, containing the first three candidates on 
each party list is shown on p. 199. 

2 \ 4. Method of Voting. — A person desiring to 
vote presents himself at the table where the judges of 
election are seated and mentions his name for verifica- 
tion in the registration book (2 1 o). The first judge then 
folds one of the ballots, writes his initials on the back, 
and gives it to the voter, who carries it to one of the 
enclosed booths behind the table, and there finds 
instructions how to mark his ballot. He makes a cross 
in the square against each candidate for whom he 
would vote. He then returns to the ballot-box and gives 
the ballot to the judge, who places it in the box, at the 
same time announcing the name of the voter to the 
other judges, who check the name off the registration 
books, while the clerks of the election record it in the 
poll books. No electioneering is allowed within one 
hundred feet of the polls, under heavy penalties, nor is 
a voter allowed to let his ballot be seen for the purpose 
of showing how he is about to vote. Voters who de- 



RIGHT OF SUFFRAGE 20I 

clare under oath that they cannot read may be assisted 
in preparing their ballots by two judges of different 
parties. Intoxicated persons may vote, but are not 
entitled to receive assistance in marking their ballots. 

215. Election Boards. — Election boards are com- 
posed of three judges and two clerks ; only two judges 
and one clerk may belong to the same political party. 
In municipalities, the members of the council act as 
judges, and in townships the trustees are ex-officiis 
judges. If more than two councilmen or trustees of 
the same party reside in the same voting precinct, the 
county supervisors designate which shall act as judges. 
The third judge is chosen from another political party 
which had the next largest number of votes in that 
precinct at the last general election. 

2 \ 6. Election Returns. — The township clerk sends 
an abstract of the results of the election, together 
with the votes strung on a wire (whose ends are then 
united and sealed), to the county auditor for safe 
keeping during the six months allowed for contest- 
ing the election. In municipal elections (149) the 
council and city clerk perform all the duties incumbent 
on the county supervisors and auditor in the general 
elections. The county supervisors, receiving reports 
of the elections from the townships, make abstracts of 
the same and report to the executive council (260), 
directing the report to the secretary of state. The 
report of the vote for governor and heutenant- 
governor is required by the Constitution to be sent to 
the speaker of the House of Representatives, but it is 
held by the secretary of state till the General Assembly 
is organized, and then turned over to the speaker. 



202 CIVIL GOVERNMENT OF IOWA 

THE SELECTION OF CANDIDATES 

1. Petition. — A candidate for any elective office 
may be nominated by a petition signed by a certain 
number of voters, as required by law. 

2. The Caucus. — In towns and cities under 15,000, 
local officers may be nominated by party caucuses. 
A short time before the election, each party holds a 
caucus, or special meeting of its voters, to agree upon 
the candidates whom that party will support. At these 
caucuses any matters of party interest are discussed and 
committees are appointed for conducting the campaign. 

3. The Primary. — The law now requires that nearly 
all other party candidates be chosen by ballot at a pri- 
mary election, which is conducted much like the regular 
election. The primary elections of all parties are held 
at one time and place in each precinct and are con- 
ducted by one set of officers ; but separate ballots are 
provided for each party, and the voter may vote only 
his own party ballot. Not only the party candidates for 
public office, but also the county committeemen and dele- 
gates to the county convention of each party are chosen 
by this method. But whenever the person receiving 
the most votes as candidate for any county, district, or 
State office has less than 35 per cent of the total vote of 
his party for that position, such vote is disregarded, 
and the nomination is made by the party convention. 

4. The Convention. — The county convention of each 
party selects the party candidates for county officers in 
cases where no one has received 35 per cent of the vote 
in the primaries. It also sends delegates to district and 
State conventions, which make nominations for district 
and State officers under like conditions. 



RIGHT OF SUFFRAGE 203 

In the selection of presidential candidates, the plan 
is carried one step further, and the State convention 
selects delegates to the National convention. Some- 
times delegates are instructed to vote for certain 
candidates ; sometimes they are left free to use their 
own judgment. 



SUGGESTIVE QUESTIONS. 

1. May a woman vote on selection of school direc- 
tors in Iowa ^ 

2. Are there any states where this privilege is en- 
joyed by women ? 

3. In what states do women have full suffrage ? 
(203). 

4. In what states are aliens allowed to vote .? 

5. On what ground must a person reside ten days 
in a voting precinct before being allowed to vote ? 

6. Why was the word ' ' white ' ' struck out of Art. 
II., Sec. I ? 



CHAPTER XVir 

ARTICLE III. — LEGISLATIVE DEPARTMENT 

2 I 7. Distribution of Power. — Sec. 1. The powers 
of the government of Iowa shall be divided into three 
separate departments, the Legislative, the Executive, 
and the Judicial; and no person charged with the exer- 
cise of powers properly belonging to one of these depart- 
ments shall exercise any function appertaining to either 
of the others, except in cases hereinafter expressly 
directed or permitted. 

The Legislature is the law-making power. The 
Executive is the law-enforcing power. The Judiciary 
is the law-interpreting powder. The General Assembly 
possesses all legislative authority not delegated to the 
general (United States) government, or prohibited by 
the Constitution of the United States or of Iowa, In 
other words, the General Assembly may do anything 
not prohibited by the State Constitution or by the 
Supreme law of the United States (128). 

218. Legislative Department. — Sec. 1. The 
Legislative authority of this State shall be vested in a 
General Assembly, which shall consist of a Senate and 
House of Representatives; and the style of every law 
shall be: 

* * Be it enacted by the General Assembly of the 
State of low^a." 

The purpose of two houses is to put a check upon 
hasty legislature. The clause, '* Be it enacted, etc.," 
is also called the enacting clause of a law, and will be 

204 



LEGISLATIVE DEPARTMENT 205 

found at the beginning of every chapter in the laws of 
any General Assembly. 

219. Regular and Special Sessions. — Sec. 2. The 
sessions of the General Assembly shall be biennial, and 
shall commence on the second Monday in January next 
ensuing the election of its members, unless the Gov- 
ernor of the State shall, in the meantime, convene the 
General Assembly by proclamation. 

Notice the difference in the time of the beginning of 
a regular session and the beginning of the ierm (Sec. 
3). In extra sessions the assembly is not restricted to 
the business for which it was called together. (Code 
p. 91, note on Constitution, Art. IV., Sec. 11.) 

220. House of Representatives. — Sec. 3. The 
members of the House of Representatives shall be 
chosen every second year by the qualified electors of 
their respective districts, on the second Tuesday in 
October, except the years of the Presidential election, 
when the election shall be on the Tuesday next after the 
first Monday in November; and their term of office shall 
commence on the first day of January next after their 
election, and continue two years, and until their succes- 
sors are elected and qualified. 

(By an amendment adopted by the general election 
in 1884, elections now occur uniformly in November). 

221. Qualifications of Representatives. — Sec. 4. 
No person shall be a member of the House of Repre- 
sentatives who shall not have attained the age of twenty- 
one years, be a {^free white ) male citizen of the United 
States, and shall have been an inhabitant of this State 
one year next preceding his election, and at the time oi 
his election shall have had an actual residence of sixty 
days in the county or district he may have been chosen 
to represent. 

(Amended by striking out the words * ' free white, ' ' 

at the general election in 1880.) 



206 CIVIL GOVERNMENT OF IOWA 

Study these sections by the following outline: 

Representatives, 

Number (See Art. III., Sec. 35); 
Election, 

V/hen, 

By whom; 
Term of service, 

Beginning, 

Length, 

Regular, 
Contingent; 
Qualifications, 

Age. 

Sex, 

Citizenship, 

Residence. 

What change has been made in the time of the 
election.'* Why, when, and how was the change made ? 
Could the General Assembly have made the change ? 

222. Senators, — Sec. 5, Senators shall be chosen 
for the term of four years, at the same time and place as 
Representatives; they shall be twenty-five years of age, 
and possess the qualifications of Representatives as to 
residence and citizenship. 

Sec. 6. The number of Senators shall not be less 
than one-third, nor more than one-half the Repre- 
sentative body; and shall be so classified by lot that 
one class, being as nearly one-half as possible, shall be 
elected every two years. When the number of Senators 
is increased, they shall be annexed by lot to one or the 
other of the two classes, so as to keep them as nearly 
equal in numbers as practicable. 

Study this section by the following outline: 

Senators, 

Number, 

Relative limits, 

Absolute limit (Article III., Sec. 34); 
Classes, 

How many, 

Changes, how made; 



LEGISLATIVE DEPARTMENT 



207 



Election, 

When, 

By whom; 
Term of service, 

Beginning, 

Length, 

Regular. 
Contingent; 
Qualifications, 

Age, 

Sex, 

Citizenship, 

Residence. 

What is the purpose in classifying the senators ? 

223. Powers and Duties Belonging to Both 
Houses. — Sec. 7. Each house shall choose its own 
officers, and judge of the qualification, election, and 
return of its own members. A contested election shall 
be determined in such manner as shall be directed by 
law. 

Sec. 8. A majority of each house shall constitute a 
quorum to transact business; but a smaller number may 
adjourn from day to day, and may compel the attendance 
of absent members in such manner and under such 
penalties as each house may provide. 

Sec. 9. Each house shall sit upon its own adjourn- 
ments, keep a journal of its proceedings, and pub- 
lish the same; determine its rules of proceedings, punish 
members for disorderly behavior, and, with the consent 
of two-thirds, expel a member, but not a second time for 
the same offense, and shall have all other power neces- 
sary for a branch of the General Assembly of a free and 
independent state. 

Study these sections by the following analysis, and 
be able to fill out from memory. 

Quorum, Sec. 8. 
For business. 
Two prerogatives of a smaller number; 



208 CIVIL GOVERNMENT OF IOWA 

Authority over membership as to 
Admission, Sec. 7, 
Three points, 
Contested election, 
Conduct, Sec. 9, 
Removal, 

Two conditions, 
Rules of order; 
Adjournment, Sec. 9, 
Temporary, 

Restrictions, Sec. 14. 
Final, 

In case of disagreement, Art., IV., Sec. 13; 
Records. 

The power to enforce the attendance of absent 
members through the action of the sergeant-at-arms 
might at times be necessary to prevent serious delay 
in legislation. Such absence is sometimes intentional 
on the part of those opposed to bills before the house, 
and prevents a quorum. 

224, Rights of Individuals. — Sec. 10. Every 
member of the General Assembly shall have the liberty 
to dissent from, or protest against, any act or resolution 
which he may think injurious to the public or an indi- 
vidual, and have the reasons for his dissent entered on 
the journals; and the yeas and nays of the members of 
either house, on any question, shall at the desire of any 
two members present be entered on the journals. 

Sec. 11. Senators and Representatives, in all cases, 
except treason, felony, or breach of the peace, shall be 
privileged from arrest during the session of the General 
Assembly, and in going to and returning from the same. 

The right to protest, and having that protest 
recorded, is only justice to members whose constituency 
might blame them seriously for the passage of some 
measure unfavorable to that community. The yea 
and nay vote consists in caUing the roll of members 



LEGISLATIVE DEPARTMENT 209 

and giving each member the chance to vote ' ' yea " or 
"nay" on the question. These votes are recorded, 
also the number of members not voting because of 
absence. In the Congress of the United States, 
the demand of one fifth of those present is necessary 
to call for yea and nay votes. In the legislature of 
Iowa, all bills, at their final reading, require this kind 
of vote. This is not necessary in Congress. 

Notice the three conditions and three exceptions to 
the privilege from arrest. Without this privilege, a 
member of the General Assembly might be required 
to be present at some case in court involving only 
private business, and perhaps trumped up simply to 
deprive the Assembly of his vote. 

225. Freedom of Speech. — Members of Con- 
gress also have exemption from legal liability for 
anything said in debate on the floor of the house. 
This privilege, though not granted by our State con- 
stitution, is given by statute. (Code, §ii). How- 
ever, a member may not publish and distribute his 
speech without being liable for whatever sentiments it 
may contain. Of course the official publication of a 
member's speech in the House or Senate Journal does 
not render him liable. Any impropriety of speech 
may be punished by the house according to its own 
rules under Sec. 9 of this Article. 

226. Vacancies. — Sec. 12. When vacancies occur 
in either house, the governor, or the person exercising 
the functions of governor, shall issue writs of election 
to fill such vacancies. 

Such writs of election are issued to the sheriff, and 
notice of said election is by him posted in public 



2IO CIVIL GOVERNMENT OF IOWA 

places and published in the leading papers. (Code, 
§ 1062). Below is a copy of a governor's proclamation 
for a general election, and the sheriff's notice of the 
same election in Black Hawk County : 

BY THE GOVERNOR. 

A PROCLAMATION 

For a General Election, to be Held Tuesday, Novem- 
ber 3, 1896. 



Pursuant to Law, I, Francis M. Drake, Governor of 
the State of Iowa, do proclaim that at the General Elec- 
tion to be held on the Tuesday next after the first Mon- 
day in November, it being the third day of that month, 
in the year one thousand eight hundred and ninety-six, 
the offices hereinafter named are to be filled, to-wit : 

By vote of all electors in the State: 

The office of Elector of President and Vice-President 
of the United States, to be filled by the choice of thirteen 
Electors, each ballot for such office to contain the 
name of at least one inhabitant of each district into 
which the State is divided, and to designate against 
the name of each person voted for the number of 
the congressional district to which he belongs. 

The office of Secretary of State. 

The office of Auditor of State. 

The office of Treasurer of State. 

The office of Attorney-General. 

The office of Judge of the Supreme Court, to succeed 
James H. Rothrock. 

The office of Railroad Commissioner. 

By vote of the electors in the several Congressional 
districts : 

The office of Representative in Congress from each of 
said districts. 

By vote of the electors of certain Judicial districts the 
office of Judge of the District Court, as follows: 

In the Twelfth Judicial District, to succeed Porter 
W. Burr. 



LEGISLATIVE DEPARTMENT 211 

In the Fourteenth Judicial District, to succeed Lot 
Thomas. 

In the Fifteenth Judicial District, to succeed Nathan 
W. Macy. 

In the Twentieth Judicial District, to succeed Win- 
field S. Withrow. 

And I do further proclaim and give notice that on the 
day of said general election, certain offices, having 
become vacant, are to be filled by the electors through- 
out the State and in the districts named, to-wit: 

The office of Railroad Commissioner in the place of 
John W. Luke, deceased, said office being now tempo- 
rarily filled by Edward A. Dawson. 

The office of Judge of the Fifth Judicial District, in 
the place of John H. Henderson, resigned, the office 
being now temporarily filled by John A. Storey. 

The office of Judge of the Seventeeth Judicial Dis- 
trict, under the provisions of chapter one hundred and 
twenty-two, of the acts of the Twenty-sixth General 
Assembly, said office being now filled by Obed Caswell. 

The office of Judge of the Eighteenth Judicial Dis- 
trict, in the place of William P. Wolf, deceased. 

Whereof, all electors throughout the State will take 
due notice, and the Sheriffs of the several counties will 
take official notice, and be governed accordingly. 

In testimony whereof, I have hereunto set my hand 
and caused to be affixed the Great Seal of the State of 
Iowa. 

Done at Des Moines, this twenty-eighth day of Sep- 
tember, in the year of our Lord one thousand eight 
hundred and ninety-six, of the Independence of the 
United States the one hundred and twenty-first, and of 
the State of Iowa the fiftieth. 

By the Governor : 

[seal] F. M. Drake. 

W. M. McFarland, 

Secretary of State. 

State of Iowa, Black Hawk County: 

Pursuant to Law, I, W. M. Law, Sheriff of Black 
Hawk county, Iowa, do hereby proclaim that at the 
general election to be held on the Tuesday next after 



212 CIVIL GOVERNMENT OF IOWA 

the first Monday in November, it being the third day of 
that month, in the year one thousand eight hundred 
and ninety-six, the offices hereinafter named are to be 
filled by vote of all the electors of the county, to-wit : 

The office of Clerk of the District Court. 

The office of Recorder of Deeds. 

The office of County Auditor. 

The office of County Attorney. 

The office of Supervisor — 1st Supervisor district. 

The office of Supervisor — 2d Supervisor district. 

The office- of Supervisor — 3d Supervisor district (to 
fill vacancy). 

The office of Supervisor — 6th Supervisor district. 

Whereof, all the electors of the county will take 
due notice, and govern themselves accordingly. 

Witness my hand this 16th day of October, A. D. 
1896. 

W. M. Law, 
Sheriff of Black Hawk County, Iowa. 

227. Publicity of Sessions. — Sec. 13. The doors 
of each house shall be open, except on such occasions 
as, in the opinion of the house, may require secrecy. 

228. Adjonrnment. — Sec. 14. Neither house shall, 
without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which 
they may be sitting. 

229. Bills— Their Origin. — Sec. 15. Bills may 
originate in either house, and may be amended, altered, 
or rejected by the other; and every bill having passed 
both houses shall be signed by the speaker and president 
of their respective houses. 

Two of the States, North Carolina and Rhode Island, 

do not require bills to be signed by the governor. Many 

other States, among which is New York, go to the 

other extreme and allow the governor to veto portions 

of financial (appropriation) bills while approving other 

portions. (See Hinsdale's " American Government," 

§ 683.) Very , unwise measures are sometimes 



LEGISLATIVE DEPARTMENT 213 

carried through a legislature because they are attached 
to a good bill. Such measures are called ' ' riders. 

230. Their Passage. — Sec. 16. Every bill which 
shall have passed the General Assembly shall, before it 
becomes a law, be presented to the governor. If he 
approve, he shall sign it; but if not, he shall return it, 
with his objections, to the house in which it originated, 
which shall enter the same upon their journal, and pro- 
ceed to reconsider it; if, after such reconsideration, it 
again pass both houses, by yeas and nays, by a 
majority of two-thirds of the members of ea^h house, it 
shall become a law, notwithstanding the governor's 
objections. If any bill shall not be returned within 
three days after it shall have been presented to him, 
Sunday excepted, the same shall be a law in like manner 
as if he had signed it, unless the General Assembly, by 
adjournment, prevent such return. Any bill submitted 
to the governor for his approval during the last three 
days of a session of the General Assembly shall be 
deposited by him in the office of the secretary of State, 
within thirty days after the adjournment, with his 
approval, if approved by him, and with his objections, 
if he disapproves thereof. 

Sec. lY. No bill shall be passed unless by the 
assent of a majority of all the members elected to each 
branch of the General Assembly, and the question upon 
the final passage shall be taken immediately upon its last 
reading, and the yeas and nays entered upon the journal. 

There are three ways in which a bill may become a 
law. Study the sections above, and then describe each 
of these three ways. Notice that, by section 17, a 
bill requires an absolute majority of each house; that 
is, a majority of all the members elected, not simply a 
majority of those present. Every bill, before it passes 
each house, must have three separate readings, the 
second and third of which must be on different days. 
Immediately after the third reading, the bill is voted 
upon by a yea and nay vote, which is formally entered 



214 CIVIL GOVERNMENT OF IOWA 

Upon the journal of the house. In each house, there 
are various committees appointed for the considera- 
tion of the different kinds of bills. These committees 
are appointed by the speaker of the house and by the 
lieutenant-governor who acts as president of the 
senate. 

23 1 . How Bills Fail to Become Laws. — When a 
bill is proposed by a member, it is referred to the 
proper committee, which may report to the house, 
favoring its passage, amend it in some particulars 
and then recommend its passage, or reject it en- 
tirely. In the last case, the bill is said to be killed 
in the committee, and this is ^h^ first way in which a 
bill may fail to become a law. If the bill is returned 
by the committee with a favorable report, it may fail 
to secure enough votes in the house, and so be killed 
in the house where it originated. This is the second 
way in which a bill may fail to become a law. If the 
bill passes by a majority vote in the first house, it may 
be rejected in the second house. This is the third 
way of failing to become a law. Having passed both 
houses, it may be vetoed by the governor, and fail to 
secure a two-thirds vote in one or both of the houses, 
and so not be passed over his veto. If a bill passes 
both houses and is presented to the governor for con- 
sideration less than three days before adjournment, he 
need not return it until after the General Assembly 
has closed its session. He is then required to file it 
with his signature or veto in the office of the secretary 
of State within thirty days; but if he vetoes it, the 
General Assembly, having adjourned, cannot pass it 
over his veto, and so the bill fails to become a law. 



LEGISLATIVE DEPARTMENT 215 

This last is similar to the pocket veto of the President 
of the United States. 

232. Report of Finances. — Sec. 18. An accurate 
statement of the receipts and expenditures of the public 
money shall be attached to and published with the laws 
at every regular session of the General Assembly. 

This is a requirement evidently fitting and proper, 
and the statement is drawn from the books of the State 
auditor and treasurer. 



QUESTIONS AND TOPICS. 

1. Look up the history of special sessions of the 
General Assembly in Iowa (50). 

2. From what does the poeket veto derive its name .'' 
Sqq Johnston'' s America^t Politics, p. 115. 

3. Have any of the States ever had legislatures 
consisting of one house .'' Fiske' s Civil Government, 
p. 155. 

4. Was a uni-cameral Congress considered by the 
Constitutional Convention of 1787.? Hinsdale's 
American Government, § 186. 

5. May any kind of bill originate in either house 
of Congress 1 

6. How are committees selected in the General As- 
sembly } See Rules of the Twenty-sixth General 
Assembly of Iowa, pp. 3 and 27. 



CHAPTER XVIII 

LEGISLATIVE DEPARTMENT — ( Continued^ 

233. Impeachment. — Sec. 19. The House of 
Representatives shall have the sole power of impeach- 
ment, and all impeachments shall be tried by the 
Senate. When sitting for that purpose, the senators 
shall be upon oath or affirmation ; and no person shall 
be convicted v^ithout the concurrence of two-thirds of 
the members present. 

The plan of impeachment is similar to the same 
process in the government of the United States. The 
impeachment or indictment is by the low^er house and 
the trial by the upper house. Notice that the number 
of votes necessary to conviction is tv^o-thirds of those 
present. 

234. Parties Liable — Punishment. — Sec. 20. 
The Governor, Judges of the Supreme and District 
Courts, and other State officers, shall be liable to 
impeachment for any misdemeanor or malfeasance in 
office ; but judgment in such cases shall extend only to 
removal from office, and disqualification to hold any 
office of honor, trust, or profit under this State ; but the 
party convicted or acquitted shall nevertheless be liable 
to indictment, trial, and punishment, according to law. 
All other civil officers shall be tried for misdemeanors 
and malfeasance in office in such manner as the General 
Assembly may provide. 

Notice carefully what officers may be impeached; 
also the limits set upon the punishment which the 
Senate may inflict. The fact that the party impeached 
may afterwards be tried by the regular courts of the 
State seems to conflict with the article in the bill of 

216 



LEGISLATIVE DEPARTMENT 21/ 

rights (Art. I., Sec. 12), but really the party is im- 
peached and tried for conduct unworthy of a public 
official, while in the courts he is tried for a crime 
against the laws of the State. Touching the misde- 
meanors of county and local officers, the General 
Assembly has passed various laws providing for the 
punishment of such offenses. 

235. Accepting Appointments. — Sec. 21. No 
senator or representative shall, during the time for 
which he shall have been elected, be appointed to any 
civil office of profit under this State which shall have 
been created, or the emoluments of which shall have 
been increased during such term, except such offices as 
may be filled by elections by the people. 

If, during the first month of a new senator's term, a 

bill is passed providing for the appointment by the 

governor of an inspector of State institutions with a 

large salary, the senator may not resign his position 

to accept the appointment until after the four years 

of his senatorial term have passed. If the salary of 

the president of the State University were increased 

during his term, could the senator resign and accept 

that position ? 

236. Disqualification. — Sec. 22. No person hold- 
ing any lucrative office under the United States, or this 
State, or any other power, shall be eligible to hold a 
seat in the General Assembly ; but offices in the militia, 
to which there is attached no annual salary, or the office 
of justice of the peace, or postmaster whose compensa- 
tion does not exceed one hundred dollars per annum, or 
notary public, shall not be deemed lucrative. 

If the salary of the superintendent of public 

instruction were increased by the General Assembly, 

could any member of the assembly become State 

superintendent without resigning his place in the 



2l8 CIVIL GOVERNMENT OF IOWA 

legislature ? Could he resign and become State 
superintendent before his term as senator had 
expired ? If the postmaster at Des Moines desires to 
become a member of the General Assembly, what 
must he do before he can take his seat in that body ? 

237. Holders of Public Money.— Sec. 23. No per- 
son who may hereafter be a collector or holder of public 
moneys shall have a seat in either house of the 
General Assembly, or be eligible to hold any office of 
trust or profit in this State, until he shall have 
accounted for and paid into the treasury all sums for 
which he may be liable. 

If the treasurer of Black Hawk county is elected as 
representative for that county in the General Assem- 
bly, what three things must he do before he can take 
his seat in that body ? Why is this requirement wise ? 

238. Payment of Public Money.— Sec. 24. No 
money shall be drawn from the treasury but in conse- 
quence of appropriations made by law. 

It is also necessary to have a warrant, signed by the 

auditor of State, authorizing the payment of monoy by 

the State treasurer. 

239. Compensation of Members. — Sec. 25. Each 
member of the first General Assembly under this Con- 
stitution shall receive three dollars per diem while in 
session ; and the further sum of three dollars for every 
twenty miles traveled, in going to and returning from 
the place where such session is held, by the nearest 
traveled route, after which they shall receive such com- 
pensation as shall be fixed by law; but no General 
Assembly shall have the power to increase the compen- 
sation of its members. And when convened in extra 
session they shall receive the same mileage and per 
diem compensation as fixed by law for the regular ses- 
sion, and none other. 

Notice the two methods of paying members. The 



LEGISLATIVE DEPARTMENT 219 

present pay of members of the General Assembly is 
$550 for the regular session, and five cents for every 
mile traveled going to and from the place of meeting. 
Half this sum and all the mileage is payable at the 
close of the first thirty days, and the rest at the close 
of the session. The pay for an extra session is mile- 
age and a rate per diem equal to the amount of their 
salary per day during the last regular session, pro- 
vided that it is not over six dollars. (Code, § 12.) 
Notice that, although the General Assembly fixes by law 
the compensation of representatives and senators, no 
assembly has the pov^er to increase the pay of its own 
members. This is not true of the United States Con- 
gress, and at onetime (March 3, 1873) Congress raised 
the salaries of its members from $5,000 to $7,500, 
and dated the change back two years. This was the 
famous** Salary Grab," which raised such a storm of 
indignation throughout the country that the act was 
soon after repealed. Public opinion prevents any 
great excesses in this line of legislation. 

240. When Laws G-o Into Effect.— Sec. 26. No 
law of the General Assembly, passed at a regular ses- 
sion, of a public nature, shall take effect until the fourth 
day of July next after the passage thereof. Laws passed 
at a special session shall take effect ninety days after 
the adjournment of the General Assembly by which they 
were passed. If the General Assembly shall deem any 
law of immediate importance, they may provide that 
the same shall take effect by publication in newspapers 
in the State. 

241. Prohibition.— Sec. 27. No divorce shall be 
granted by the General Assembly. 

Sec. 28. No lottery shall be authorized by this 
State; nor shall the sale of lottery tickets be allowed. 



220 CIVIL GOVERNMENT OF IOWA 

A divorce is granted by the courts of the State if, 
after investigation, there seems to be just cause for 
the divorce. Lotteries have been proven such insidi- 
ous foes to the moral and financial good of the people 
that every State in the Union now opposes them, and 
the United States has made it a criminal offense to use 
the mails to advertise lotteries or sell lottery tickets. 
The long struggle on the part of the Louisiana Lot- 
tery to induce the legislature of that State to author- 
ize its continuance finally failed, and the lottery was 
finally driven from its last stronghold in the United 
States. 

242. Subject Matter. — Sec. 29. Every act shall 
embrace but one subject, and matters properly con- 
nected therewith; which subject shall be expressed in 
the title. But if any subject shall be embraced in an 
act which shall not be expressed in the title, such act 
shall be void only as to so much thereof as shall not be 
expressed in the title. 

This requirement aims at clearness and definiteness 
in laws, and prevents any legal requirement from being 
obscured by being inserted in the clauses of another 
law. 

243. Local and Special Laws, — Sec. 30. The 
General Assembly shall not pass local or special laws in 
the following cases: 

For the assessment and collection of taxes for State, 
county, or road purposes. 

For laying out, opening, and working roads or high- 
ways. 

For changing the names of persons, 

For the incorporation of cities and towns. 

For vacating roads, town plats, streets, alleys, or 
public squares. 

For locating or changing county seats. 

In all the cases above enumerated, and in all other 



LEGISLATIVE DEPARTMENT 221 

cases where a general law can be made applicable, all 
laws shall be general and of uniform operation through- 
out the State; and no law changing the boundary lines 
of any county shall have effect until upon being sub- 
mitted to the people of the counties affected by the 
change, at the general election, it shall be approved by 
a majority of the votes in each county, cast for and 
against it. 

Consider each of the cases mentioned above, and 
notice how unwise it would be to take such matters 
out of the hands of the local authorities. Instead of 
making special laws for every local requirement under 
the above heads, the General Assembly passes general 
laws giving authority, with certain restrictions, to cer- 
tain local officials, as supervisors, township trustees, 
or, in the changing of county seats, to the popular 
vote. Instead of giving special charters, prescribing 
the form of government of every city and town sepa- 
rately, general laws are passed, providing a form of 
government in cities of a certain class, as determined 
by population (146). 

244. Extra Compensation, Private Appropria- 
tions. — Sec. 31. No extra compensation shall be made 
to any officer, public agent, or contractor, after the ser- 
vice shall have been rendered, or the contract entered 
into; nor shall any money be paid on any claim, the 
subject matter of which shall not have been provided 
for by pre-existing laws, and no public money or prop- 
erty shall be appropriated for local, or private purposes, 
unless such appropriation, compensation, or claim be 
allowed by two-thirds of the members elected to each 
branch of the General Assembly. 

The necessity of the first clause of this section lies 
in the fact that extra compensation is sometimes se- 
cured in very corrupt ways by officials or contractors in 
no manner entitled to it. A member of a city council 



222 CIVIL GOVERNMENT OF IOWA 

who had been appointed overseer of certain work being 
done for the city, presented his bill for services rend- 
ered. The council declined to allow the bill, as his 
services had been performed as part of official duties. 
This is an illustration of the same principle that is 
mentioned in the above section, occurring in a local 
instead of a State legislative body. The second clause 
in the section is an application of Art. III., Sec. 24. 
The meaning of the last clause is illustrated by the 
following incident in Iowa history: In Governor 
Sherman's last term, Auditor Brown declined to make 
certain reports required of him, and was removed by 
Governor Sherman. The investigation of the case 
was long and expensive, and after Mr. Brown's rein- 
statement by the next governor he brought claims 
against the State for his expenses in the contest. 
After a number of unsuccessful attempts, a bill was 
carried through the Twenty-sixth General Assembly 
by a two-thirds vote, granting the claims made by Mr. 
Brown. As there are several interesting and instruct- 
ive features in the bill, we give it entire, as follows: 

Laws of the Twenty-sixth General Assembly. 
Chapter 164. 

An act to reimburse John L. Brown, as auditor of 
State during the years 1885 and 1886, for money 
expended in defense of his said office and of his offi- 
cial rights and duties. 

Be it enacted by the General Assembly of the State 
of Iowa, Section i. That for the purpose of reim- 
bursing John L. Brown for money expended by him 
for attorney's services necessary in defending his office 



LEGISLATIVE DEPARTMENT 223 

and his official rights as auditor of the State of Iowa 
during the years 1885 and 1886, and for interest 
thereon since paid by him, there is hereby appropri- 
ated, out of any moneys in the State treasury not 
otherwise appropriated, the sum of four thousand 
dollars, the money hereby appropriated to be paid to 
John L. Brown; and the auditor of State is hereby 
authorized and directed to draw his warrant on the 
State treasurer in favor of John L. Brown for said 
sum. 

Sec. 2. That the acceptance by John L. Brown of 
the sum appropriated herein shall be taken as full set- 
tlement of all claims by said John L. Brown as against 
the State of Iowa, growing out of the matters recited 
in this act. 

Sec. 3. This act, being deemed of immediate 
importance, shall take effect and be in force from and 
after the date of its publication in the Iowa State 
Register and Des Moines Leader, newspapers pub- 
lished in Des Moines, Iowa. 
Approved April 14, 1896. 

I .hereby certify that the foregoing act was 
published in the Iowa State Register, April 24, and 
Des Moines Leader, April 25, 1896. 

W. M. McFarland, Secretary of State. 

In this bill notice (i) the style (Art. III., Sec. i), (2) 
the purpose and the amount of the appropriation (3), 
the proviso insuring against any further claims on this 
ground, and (4) the time when the act takes effect. 
When would the act have taken effect if the third sec- 
tion had not been included in the act } (See Art III., 
Sec. 26). 



224 CIVIL GOVERNMENT OF IOWA 

245. The Oath of Office,— Sec. 32. Members of the 
General Assembly shall, before they enter upon the 
duties of their respective offices, take and subscribe the 
following oath or affirmation : '' I do solemnly swear, or 
affirm (as the case may be), that I will support the 
Constitution of the United States, and the Constitution 
of the State of Iowa, and that I will faithfully discharge 
the duties of Senator (or representative, as the case may 
be) according to the best of my ability." And the 
members of the General Assembly are hereby empowered 
to administer to each other the said oath or affirmation. 

Notice that one is given the choice between swear- 
ing and affirming. This is a concession to those who 
have conscientious scruples against swearing. This 
oath of allegiance to both United States and Iowa is 
required by the Federal Constitution. Any one 
who violates this oath by engaging in insurrection 
against the United States, or giving its enemies aid 
and comfort, is disqualified for holding any civil 
or military office under the United States or any State, 
or for becoming a member of Congress. This disquali- 
fication can be removed only by a two-thirds vote of 
Congress. (Constitution of the United States, Amend- 
ment XIV. , Sec. 3). 

246, The State Census.— Sec. 33. The General 

Assembly shall, in the years one thousand eight hun- 
dred and fifty-nine, one thousand eight hundred and 
sixty-three, one thousand eight hundred and sixty-five, 
one thousand eight hundred and sixty-seven, one thou- 
sand eight hundred and sixty-nine, and one thousand 
eight hundred and seventy-five, and every ten years 
thereafter, cause an enumeration to be made of all the 
(white) inhabitants of the State. 

(Amended by striking out the word "white" at the 
general election in 1868). 

This enumeration is called the State census, and is 



LEGISLATIVE DEPARTMENT 225 

taken by the township assessors, reported to the county 
auditor, and by him reported to the secretary of State. 
The preparation of blanks and the general supervision 
of the census is in the hands of the executive council of 
the State, comprising the governor, secretary of State, 
auditor, and treasurer. (Laws of 1904, Ch. 8.) Until 
1875 the census was taken more frequently, about once 
in two years. The United States census is taken once 
in ten years, but it comes in the years whose numerals 
end with zero. In connection with the census, many 
items of interest are usually reported, e.g., foreigners 
not naturalized, number of militia, children between 
five and twenty-one years of age, quantity and value of 
agricultural products, etc. 

247. Number and Apportionment of Senators. — 

(Amendment.) Sec. 34. The Senate shall be composed 
of fifty members to be elected from the several sena- 
torial districts, established by law, and at the next ses- 
sion of the General Assembly held following the taking 
of the State and national census, they shall be appor- 
tioned among the several counties or districts of the 
State, according to population as shown by the last pre- 
ceding census. 

248. Number of Representatives. — (Amendment.) 
Sec. 35. The House of Representatives shall consist 
of not more than one hundred and eight members. 
The ratio of representation shall be determined by 
dividing the whole number of the population of the 
State as shown by the last preceding State or national 
census, by the whole number of counties then existing 
or organized, but each county shall constitute one rep- 
resentative district and be entitled to one representative, 
but each county having a population in excess of the 
ratio number, as herein provided, of three-fifths or more 
of such ratio number shall be entitled to one additional 



226 CIVIL GOVERNMENT OF IOWA 

representative, but said addition shall extend only to 
the nine counties having the greatest population. 

249- Apportioninent of Representatives. — 
(Amendment.) Sec. 36. The General Assembly shall, at 
the first regular session held following the adoption of 
this amendment, and at each succeeding regular session 
held next after the taking of such census, fix the ratio 
of representation, and apportion the additional repre- 
sentatives, as hereinbefore required. 

(Sees. 34, 35, 36, as printed above, constitute an 
amendment adopted at the general election in 1904. 
The former sections which these replaced are printed 
below, in small type, for reference. A similar amend- 
ment was proposed six years earlier, but at the general 
election in 1898 it was rejected.) 

The apportionment of 1906 (Laws of Thirty-First 
General Assembly, Chapter 211) gave two representa- 
tives each to Lee, Des Moines, Pottawatamie, Polk, 
Scott, Clinton, Linn, Woodbury, and Dubuque counties, 
and one each to the other ninety counties of the State, 
making the total number one hundred and eight, the 
largest possible under Sec. 35. Under what conditions 
might the number be less than one hundred and eight .'' 

The number of counties in each senatorial district 
varies from one to five. 

Sections 34, 35, 36, which were repealed in 1904, read 
as follows : — 

Sec. 34. The number of senators shall at the next session 
following each period of making such enumeration, and the next 
session following each United States census, be fixed by law, and 
apportioned among the several counties according to the number of 
{white) inhabitants in each. 

(Amended by striking out the word " white " at the general 
election in 1868.) 

Sec. 35. The senate shall not consist of more than fifty mem- 
bers, nor the house of representatives of more than one hundred; 
and they shall be apportioned among the several counties and repre- 
sentative districts of the State according to the number of {white) 



LEGISLATIVE DEPARTMENT 22/ 

inhabitants in each, upon ratios to be fixed by law ; but no repre- 
sentative district shall contain more than four organized counties, 
and each district shall be entitled to at least one representative. 
Every county and district which shall have a number of inhabitants 
equal to one-half of the ratio fixed by law, shall be entitled to one 
representative ; and any one county containing in addition to the 
ratio fixed by law one-half of that number, or more, shall be entitled 
to one additional representative. No floating district shall hereafter 
be formed. 

(Amended by striking out the word " white " at the general 
election in 1868.) 

Sec. 36. At its first session under this constitution, and at every 
subsequent regular session, the General Assembly shall fix the ratio 
of representation, and also form into representative districts those 
counties which will not be entitled singly to a representative. 

250. Floating Districts. — The meaning of the 
term "floating districts" is best illustrated by a cita- 
tion from the political history of Iowa. In one of the 
acts of the legislature which provided for representa- 
tive and senatorial districts, it was declared that the 
county of Van Buren should constitute one represen- 
tative district, with two representatives ; Henry county 
another district, with two representatives ; and Lee 
a third district, with three representatives, and then 
the same act provided that these three counties, Van 
Buren, Henry, and Lee, should jointly constitute a 
representative district and have one representative. 
This last district was what was then called " a floating 
district," although, as Prof. T. S. Parvin remarks, the 
district was fixed enough, and it was the representa- 
tive who was a ''floating member." This repre- 
sentative was chosen sometimes from one county and 
sometimes from another. 

251. Contiguous Territory. — Sec. 37. When a 
congressional, senatorial, or representative district shall 
be composed of two or more counties, it shall not be 
entirely separated by any county belonging to another 



228 CIVIL GOVERNMENT OF IOWA 

district; and no county shall be divided in forming a 
congressional, senatorial, or representative district. 

252. Mode of Voting in Elections in the General 
Assembly. — Sec. 38. In all elections by the General 
Assembly, the members thereof shall vote viva voce, 
and the votes shall be entered on the journal. 

The General Assembly elects its own officers and 
United States senators. If there is a tie in the 
election of governor and lieutenant governor, the 
General Assembly in joint session elects these officers. 
(Art. IV., Sec. 4.) 



TOPIC FOR READING. 



Auditor Brown (244) was impeached by the House, 
tried by the Senate, and acquitted. A description of 
the trial may be found in the Journals of the Assembly. 



CHAPTER XIX 

ARTICLE IV. EXECUTIVE DEPARTMENT 

253. The Governor — Election, Term, Canvass of 
Vote. — Section 1. The supreme executive power of 
the State shall be vested in a chief magistrate, who 
shall be styled the Governor of the State of Iowa. 

Sec. 2. The governor shall be elected by the quali- 
fied electors at the time and place of voting for members 
of the General Assembly, and shall hold his office two 
years from the time of his installation, and until his suc- 
cessor is elected and qualified. 

Sec. 3. There shall be a lieutenant-governor, who 
shall hold his office two years, and be elected at the 
same time as the governor. In voting for governor 
and lieutenant-governor, the electors shall designate 
for whom they vote as governor, and for whom as 
lieutenant - governor. The returns of every election 
for governor and lieutenant-governor shall be sealed 
up and transmitted to the seat of government of the 
State, directed to the speaker of the House of Repre- 
sentatives, who shall open and publish them in the 
presence of both houses of the General Assembly. 

As the General Assembly is not in session when the 
results of the election are canvassed, the returns on 
the election of governor and lieutenant-governor are 
forwarded to the executive council, with the returns 
for other State officers, and retained by the secretary 
of State till the assembly meets and elects a speaker, 
when they are turned over to him. 

254. Vote Required to Elect.— Sec. 4. The 
persons respectively having the highest number of votes 
for governor and lieutenant-governor shall be declared 
duly elected; but in case two or more persons shall 

229 



230 CIVIL GOVERNMENT OF IOWA 

have an equal and the highest number of votes for 
either office, the General Assembly shall, by joint vote, 
forthwith proceed to elect one of the said persons 
governor, or lieutenant-governor, as the case may be. 

A majority of all electoral votes is necessary 
to elect a president; a plurality vote by the people 
will elect the governor. A plurality vote means 
the largest number given to any one candidate. A 
majority of votes is more than half of all the votes 
cast. When a person has a majority of votes, he 
has more than all the other candidates together. 

255. Contested Elections and Eligibility. — Sec. 
5. Contested elections for governor, or lieutenant-gov- 
ernor, shall be determined by the General Assembly in 
such manner as may be prescribed by law. Code § 1239. 

Sec. 6. No person shall be eligible to the office of 
governor or lieutenant-governor who shall not have 
been a citizen of the United States, and a resident of 
the State, two years next preceding the election, and 
attained the age of thirty years at the time of said elec- 
tion. 

256. Command of Militia.— Sec. 7. The governor 
shall be commander-in-chief of the militia, the army, 
and navy of this State. 

When Kelley's army was passing through Iowa on 

its way to Washington, Governor Jackson called out 

a portion of the organized militia and kept them near 

the scene of excitement to be ready for an emergency. 

The governor has frequently called out the militia in 

cases of violent strikes among the coal miners. 

257. Duties of Governor.— Sec. 8. He shall trans- 
act all executive business with the officers of govern- 
ment, civil and military, and may require information 
in writing from the officers of the executive department 
upon any subject relating to the duties of their respec- 
tive offices. 



EXECUTIVE DEPARTMENT 23 1 

Sec. 9. He shall take care that the laws are faith- 
fully executed. 

Sec. 10. When any ofBce shall, from any cause, 
become vacant, and no mode is provided by the Consti- 
tution and laws for filling such vacancy, the governor 
shall have power to fill such vacancy by granting a 
commission, which shall expire at the end of the next 
session of the General Assembly, or at the next election 
by the people. 

This does not apply to members of the General 

Assembly. They are not officers in the constitutional 

use of the word. In 1894 Governor Boies filled a 

vacancy on the board of directors of the Iowa State 

Normal School caused by the resignation of one of its 

members. 

Sec. 11. He may, on extraordinary occasions, con- 
vene the General Assembly, by proclamation, and shall 
state to both houses, when assembled, the purpose for 
which they shall have been convened. 

An extra session of the General Assembly was called 

for the winter 1 896-1 897 to act on the revision of the 

State Code. At such extra sessions, the business of 

the assembly is not confined to the purpose for which 

they are called together. For an account of extra 

sessions read notes on §§ 24 and 50. 

Sec. 12. He shall communicate, by message, to the 
General Assembly, at every regular session, the con- 
dition of the State, and recommend such matters as he 
shall deem expedient. 

Sec. IB. In case of disagreement between the two 
houses with respect to the time of adjournment, the 
governor shall have power to adjourn the General 
Assembly to such time as he may think proper; but no 
such adjournment shall be beyond the time fixed for the 
regular meeting of the next General Assembly. 

Sec. 14. No person shall, while holding any office 
under the authority of the United States, or this State, 



232 CIVIL GOVERNMENT OF IOWA 

execute the office of g^overnor, or lieutenant-governor, 
except as hereinafter expressly provided. 

Sec. 15. The official term of the governor, and 
lieutenant governor, shall commence on the second 
Monday of January next after their election, and con- 
tinue for two years, and until their successors are elected 
and qualified. The lieutenant-governor, while acting 
as governor, shall receive the same pay as provided for 
governor; and while presiding in the Senate, shall 
receive as compensation therefor the same mileage and 
double the per diem pay provided for a senator, and 
none other. 

Sec. 16. The governor shall have power to grant 
reprieves, commutations, and pardons, after conviction, 
for all offenses except treason and cases of impeach- 
ment, subject to such regulations as may be provided 
by law. Upon conviction for treason, he shall have 
power to suspend the execution of the sentence until the 
case shall be reported to the General Assembly at its 
next meeting, when the General Assembly shall either 
grant a pardon, commute the sentence, direct the ex- 
ecution of the sentence, or grant a further reprieve. He 
shall have power to remit fines and forfeitures, under 
such regulations as may be prescribed b}^ law; and shall 
report to the General Assembly, at its next meeting, 
each case of reprieve, commutation or pardon granted, 
and the reason therefor; and also all persons in whose 
favor remission of fines and forfeitures shall have been 
made, and the several amounts remitted. 

Reprieves postpone punishment. Commutations 
lighten punishment. Pardons remove punishment. 
Notice that the pardoning power of the governor 
does not extend to cases of impeachment or treason. 
The President's pardoning power is restricted only in 
respect to cases of impeachment. By statute (Code, 
§ 5626), the governor is required to consult the 
assembly before pardoning a case of murder in the 
first degree. 



EXECUTIVE DEPARTMENT 233 

258. Succession of the Executive, Etc, — Sec. IV. 
In case of the death, impeachment, resignation, removal 
from office, or other disability of the governor, the 
powers and duties of the office for the residue of the 
term, or until he shall be acquitted, or the disability 
removed, shall devolve on the lieutenant-governor. 

Sec. 18. The lieutenant-governor shall be the 
president of the Senate, but shall only vote when the 
Senate is equally divided ; and in case of his absence or 
impeachment, or when he shall exercise the office of 
governor, the Senate shall chose a president pro 
tempore. 

Sec. 19. If the lieutenant-governor, while acting as 
governor, shall be impeached, displaced, resign or die, 
or otherwise become incapable of performing the duties 
of the office, the president pro tempore of the Senate 
shall act as governor until the vacancy is filled, or the 
disability removed; and if the president of the Senate, 
for any of the above causes, shall be rendered incapable 
of performing the duties pertaining to the office of 
governor, the same shall devolve upon the Speaker of 
the House of Representatives. 

Notice that the succession to the governor's office 
is similar to the old succession to the presidency. 

259. The G-reat Seal.— Sec. 20. There shall be a 
seal (61) of this State, which shall be kept by the Gov- 
ernor and used by him officially, and shall be called the 
Great Seal of the State of Iowa. 

Sec. 21. All grants and commissions shall be in the 
name and by the authority of the people of the State of 
Iowa, sealed with the Great Seal of the State, signed by 
the governor and countersigned by the secretary of 
State. 

260. Executive Council. — Sec. 22. A secretary 
of State, auditor of State, and treasurer of State shall 
be elected by the qualified electors, who shall continue 
in office two years, and until their successors are elected 
and qualified, and perform such duties as may be re- 
quired by law. 

The governor, secretary of State, treasurer, and 



234 CIVIL GOVERNMENT OF IOWA 

auditor constitute the Executive Council. Any three of 
this council constitute a quorum. Each draws a salary of 
$ 800 a year in addition to his regular salary. The council 
chooses a secretary who holds office during its pleasure. 
Some of the duties of the executive council are : 

(i) To act as a board of equalization of taxes between 
counties, so that all counties may bear a fair share of 
the State expenses. 

(2) To assess the property of railroad, telegraph, tele- 
phone, and express companies in the State. 

(3) To act as a board for canvassing election returns 
from counties. 

(4) To act as a business board having charge of the 
State Capitol, and providing for the stationery and 
suppHes for the State offices. In this capacity they 
have charge of an emergency fund, which they may 
use at their discretion to meet unforeseen expenses. 

(5) To have charge of the State census. 

261. The Secretary of State. — This officer has 
charge of the great papers of the State, including 
all the acts of the territorial legislature, the several 
constitutions of the State, and all the laws and reso- 
lutions passed by the successive State legislatures. 
All the governor's proclamations and commissions of 
State officers are countersigned by him, and recorded 
in a book provided for that purpose. Articles of 
incorporation of both domestic and foreign corpo- 
rations are recorded by him, and he issues certificates 
of authority to do business in Iowa. He receives 
reports from county clerks concerning the criminal 
cases in the various district courts, and makes an 
abstract of the same to the governor just before each 



EXECUTIVE DEPARTMENT 235 

regular session of the General Assembly. These 
abstracts are useful to the governor in connection 
with his message to the assembly. (Art. IV., Sec. 12). 
It is the duty also of the secretary of State to receive 
and preserve all papers sent to him relating to the 
incorporation of cities and towns. 

262. The Auditor of State. — He is the general 
accountant of the State, and his books must show all 
the receipts and expenses, all the debts and credits of 
the State. He settles with county treasurers and all 
persons who receive State revenues of any kind, and 
all who owe money to the State treasury. On the 
other hand, he settles claims against the State, and 
gives a warrant over his own signature authorizing the 
payment of each claim by the State treasurer. If he 
finds a claim to be just and right, but not provided for 
by any appropriation, he gives the claimant a certifi- 
cate that his claim is legal, and this is the basis for an 
appropriation by the next assembly. He is the general 
business manager of vState affairs, and has charge of 
all books, papers, mortgages, leases, bonds, etc. , con- 
nected with the money affairs of the State not required 
to be kept in some other office. On the first Monday 
in March and September, he apportions the interest of 
the permanent school fund of the State among the 
several counties in proportion to the number of per- 
sons between five and twenty-one years of age, in 
each county. 

263. The Treasurer of State.— This officer has 
charge of the State funds. With the advice and ap- 
proval of the executive council, he designates one or 
more banks in the city of Des Moines as a depository of 



236 CIVIL GOVERNMENT OF IOWA 

all receipts of the State, and these banks give bonds for 
the faithful care of the funds and for the payment 
of all drafts made by the treasurer. The treasurer 
makes two receipts for all payments made to the 
treasury, one of which goes to the party making the 
payment, and the 9ther to the auditor as a basis for 
entries in the auditor's report of receipts and expendi- 
tures. He pays no money out of the treasury except 
on the order or warrant of the auditor as stated. above. 
Like all other State officers, he makes an annual report 
to the governor. 

264. The Attorney-G-eneral. — This officer is the 
legal adviser of the State officers, and acts as prose- 
cuting attorney for the State in all criminal and civil 
actions in which the State is a party, and his services 
are required by the governor, executive council, or 
General Assembly. He acts for the State in all cases 
in the Supreme Court. 

During the first few years of the State government, there was no 
regular officer that represented the State of Iowa in cases before the 
supreme and United States courts, an attorney being employed from 
time to time as the necessities required. However, January 9, 1853, 
the General Assembly passed a law that provided for the election of 
such an officer by the vote of the people, and when the constitution 
of 1857 was drafted, this officer was duly recognized as a State officer, 
whose term of office was to last for two years. (Art. V., § 12.) His 
duties were subject to the laws that might be enacted by the General 
Assembly. 

265* Railroad Commissioners. — The railroad com- 
missioners are three in number and are elected by the 
people for terms of four years each. One or two com- 
missioners are elected at each general election. This 
board has the supervision of the steam railroads of the 
State, and insures the proper service of the public in 



EXECUTIVE DEPARTMENT 23/ 

regard to safety of bridges, number of trains, stations; 
regulation of passenger and freight rates, and various 
other matters of importance. It makes an annual re- 
port to the governor. In accordance with a law passed 
by the Twenty-sixth General Assembly, the railroad 
commissioners have also the supervision of express 
companies in the State. 

266. The Superintendent of Public Instruction. 
— This officer is elected by the people of the State once in 
two years. He is allowed a deputy and such other 
clerical help as the General Assembly sees fit to pro- 
vide. He has general supervision of the schools of the 
State. Many circulars of suggestion and information 
are prepared by him and sent to the teachers of the 
State. He holds conventions of the county superin- 
tendents for the discussion of educational questions, and 
in many ways aids and encourages the teachers of the 
State. Cases of appeal from the county superintend- 
ents are decided by the State superintendent, and he 
gives official opinions on questions of school law to 
county superintendents, school boards, and other offi- 
cials. 

By virtue of his office he is president of the board 
of trustees of the State Normal School, and of the 
educational board of examiners, and a member of the 
board of regents of the State University. He makes 
a report of the condition of the schools of the State 
every two years, and every four years publishes the 
school laws of the State with notes and pertinent quo- 
tations from important decisions on school questions. 
During the session of the General Assembly he gives 
advice on educational matters and urges suitable legis- 



238 



CIVIL GOVERNMENT OF IOWA 



lation on questions touching the State Schools and the 
common schools of Iowa. 



STATE OFFICERS ELECTED BY THE PEOPLE. 



Officer. 


Term. 


Salary. 


When Elected. 


Governor 


2 years 
4 years 


$5000* 

$2200* 

$2200* 

$2200* 

$1100 session 

$4000 

$2200 
$2200 

$2200 


General Election 


Secretary of State 




Treasurer . . 


.. 


Auditor 


.< 


Tieutenant-Governor 


.< 


Attorney-General 


.< 




„ 


3 Railroad Commissioners 


" 


Clerk of Supreme Court 


« 







Most Prominent Iowa Officers 
1. Governors of Iowa : 
(1). Territory of Iowa, 1838-1846. 

Robert Lucas 1838-1811. 

John Chambers 1811-1845. 

James Clark 1845-1846. 

(2). State of Iowa. Length of term, four years. 

(a) First constitution, 1846-1857 : 

Ansel Briggs 1846 to 1850. 

Stephen Hempstead 1850 to 1854. 

James W. Grimes 1854 to 1858. 

(b) Second constitution, 1857. Length of term, two years. 
Ralph P. Lowe 1858 to 1860. 

Samuel J. Kirkwood 1860 to 1864. 

Wm. M. Stone 1864 to 1868. 

Samuel Merrill 1868 to 1872. 

Cyrus C. Carpenter 1872 to 1876. 

Samuel J. Kirkwood Jan. 13 to Feb. 1, 1877. 

tJoshua G. Newbold Feb. 1, 1877 to Jan. 17, 1878. 

John H. Gear 1878 to 1882. 

* Besides .|800 as member of Executive Council. 

fBecame governor upon the resignation of Governor Kirkwood. 



EXECUTIVE DEPARTMENT 



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240 



CIVIL GOVERNMENT OF IOWA 



Buren R. Sherman ....... 1882 to 1886. 

William Larrabee 1886 to 1890. 

Horace Boies 1890 to 1894. 

Frank D. Jackson 1894 to 1896. 

Francis M. Drake 1896 to 1898. 

Leslie M. Shaw 1898 to 1902. 

Albert B. Cummins 1902 to 



2. United States Senators : 
George W. Jones, from . 
Augustus C. Dodge, from 
James Harlan, from .... 
James W. Grimes, from . 
Samuel J. Kirkwood, from 
James Harlan, from .... 
James B. Howell, from . 
George G. Wright, from 
William B. Allison, from 
Samuel J. Kirkwood, from 
James W. McDill, from 
James F. Wilson, from 
John H. Gear, from . . . 
Jonathan P. Dolliver, from 



. 1848 to 1859. 
. 1848 to 1855. 
. 1855 to 1865. 
. 1859 to 1869. 
. 1865 to 1867. 
. 1867 to 1873. 
. 1870 to 1871. 
. 1871 to 1877. 
. 1873 to 
. 1877 to 1881. 
. 1881 to 1883. 
. 1883 to 1895. 
. 1895 to 1900. 
. 1900 to 



To fill vacancy. 
To fill vacancy. 

To fill vacancy. 
Died July 14, 1900. 



267- Outline. 
Vested in, 
Title, 

Election, Sec. 2. 
By whom ; 
When, 
Year, 
Month, 
Day; 
For how long. 

Contingency ; 
Record, Sec 3. 
How treated. 
To whom sent, 
How opened, 
How published ; 



Executive power. 

Art. IV., Sec. 



■;l; 



EXECUTIVE DEPARTMENT 24I 

Votes necessary to election, Sec. 4. 
Case of tie, 

How settled, 

Kind of vote, Art III, Sec. 38; 
Contested election, 

How settled, Art. IV., Sec. 5; 
Eligibility, 

Citizenship, 
Residence, 
Age, 
Sex; 
Disqualifications, 
Art. I., Sec. 5, 
Art. II., Sec. 5, 
Art. IV., Sec. 14, 
Constitution of the United States, Amendment XIV., 

Sec. 3; 
Term, 

Begins, Sec. 15, 
Ends, 

Contingency; 
Substitute, Sec. 17, 
Title, 
When does he act 't 

Four cases, 
Usual function, Sec. 18. 
Voting power, 

Who presides in his absence ? 
Succession to the Governor's office, Sec. 19; 
Custody and use of the Seal of the State of Iowa, Sec. 20; 
Grants and commissions, Sec. 21, 
In whose name, 
How stamped. 
How signed; 
Functions, 

Military, Sec. 7, 
Administrative, Sec. 8, 
Executive, Sec. 9, 
Appointive, Sec 10, 

Term of such appointments, 

Appointing power by statute (see table); 



242 CIVIL GOVERNMENT OF IOWA 

Extra sessions of General Assembly, Sec. 11, 
Statement to General Assembly, 
What business may be performed at extra 
session ? 
Advisory power, Sec. 12; 
Touching adjournment, Sec. 13, 

Restriction; 
Pardoning, etc., Sec. 16, 
Restrictions, 

Constitutional, 
Statutory provision, Notes, 
Touching treason, 
Touching murder. Code, § 5626. 
Remission of fines. 
Report to assembly; 
Salary, 

Supplementary executive ofiQcers, Sec. 22, 
Titles, 

Mode of election, 
Term of service. 

Note. — Although the lieutenant-governor has the right to vote in 
case of a tie, he very seldom exercises the right, and the privilege 
does not extend to cases where a constitutional majority (Cons. Art. 
III., Sec. 17) is required, as in the final passsage of a bill. 



I 



CHAPTER XX 

ARTICLE V. JUDICIAL DEPARTMENT 

268, General Provision. — Section 1. The Judicial 
power shall be vested in a Supreme Court, District 
Court, and such other courts, inferior to the Supreme 
Court, as the General Assembly may from time to 
time establish. 

The General Assembly has acted on the authority 
here granted, and has established various inferior 
courts, some of v^hich have since been abolished. 
A description of the circuit court, which for a time 
shared in the work of the district court, will be given 
later (273). 

The outline as shown on page 244 shows the court 
system of Iowa as it is to-day : 

269. The Supreme Court.— Sec 2. The Supreme 
Court shall consist of three Judges, two of whom shall 
constitute a quorum to hold court. 

Sec. 3. The Judges of the Supreme Court shall be 
elected by the qualified electors of the State, and shall 
hold their court at such time and place as the General 
Assembly may prescribe. The Judges of the Supreme 
Court so elected shall be classified so that one Judge 
shall go out of office every two years; and the Judge 
holding the shortest term of office under such classifica- 
tion shall be Chief Justice of the court, during his 
term, and so on in rotation. After the expiration of 
their terms of office, under such classification, the term 
of each Judge of the Supreme Court shall be six years, 
and until his successor shall have been elected and 
qualified. The Judges of the Supreme Court shall be 
ineligible to any other office in the State during the 
term for which they have been elected. 

243 



244 



CIVIL GOVERNMENT OF IOWA 











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JUDICIAL DEPARTMENT 245 

Sec. 4. The Supreme Court shall have appellate juris- 
diction only in cases in chancery, and shall constitute a 
court for the correction of errors at law, under such 
restrictions as the General Assembly may, by law, 
prescribe; and shall have power to issue all writs and 
processes necessary to secure justice to parties, and exer- 
cise a supervisory control over all inferior judicial 
tribunals throughout the State. 

Section lo allows the General Assembly to change 
the number of judges in the supreme and district 
courts, and changes have been made at various times. 
At present there are six judges in the supreme court, 
two of whom go out of office every two years. 

Notice that a judge of the supreme court may not 
resign his place on the bench to accept any other office 
in the State of Iowa. 

Cases in chancery are cases where the strict appli- 
cation of the law would not work justice. Such cases 
are also called cases in equity. They are apt to arise 
in connection with partnerships, and in connection 
with contracts where a claim is made that an under- 
standing exists between the parties not strictly in 
accordance with the wording of the contract. Errors 
at law are erroneous decisions by the judge of the 
lower court on the meaning or application of the law 
toucliing the case. In cases of appeal, the supreme 
court does not retry a law-case, but reviews the 
decisions of the lower courts, and, if wrong decisions 
have been made, they are revised or modified and a 
new trial is required in the district court. 

270. "Writs and Processes. — Writs of maitdamus 
are orders issued by a superior court commanding an 
officer to perform his duty in some particular. A 



246 CIVIL GOVERNMENT OF IOWA 

refusal to obey such a writ is an offense called con- 
tempt of court, and is punished by fine and even by 
imprisonment. Not very long ago a titled and wealthy 
lady in England destroyed certain papers belonging to 
the evidence before the court in a case in which she 
was interested. The court declared her to be guilty 
of contempt, and sentenced her to six weeks imprison- 
ment in Holloway Street Jail. Even an appeal to the 
Home Secretary could not save this lady of rank from 
serving her sentence. The dignity and authority of 
the court must be preserved. 

Writs of injunction are orders issued by a court 
requiring parties to do or refrain from doing certain 
acts, either private or official. A writ of injunction is 
more generally used as a preventive than as a 
restorative process, although by no means confined to 
the former. Writs of mandamus and injunction may 
be and frequently are issued by lower courts, as the 
district court. 

271, The District Court.— Sec. 5. The District 
Court shall consist of a single Judge, who shall be 
elected by the qualified electors of the District in which 
he resides. The Judge of the District Court shall hold 
his office for the term of four years, and until his suc- 
cessor shall have been elected and qualified; and shall 
be ineligible to any other office, except that of Judge of 
the Supreme Court, during the term for which he was 
elected. 

Notice that the district judge may resign to accept 
the office of supreme judge. 

Sec. 6. The District Court shall be a court of law 
and equity, which shall be distinct and separate juris- 
dictions, and have jurisdiction in civil and criminal 
matters arising in their respective districts^ in such 
manner as shall be prescribed by law. 



JUDICIAL DEPARTMENT 247 

Equity is natural justice as distinguished from legal 
justice. Equitable jurisprudence in England and the 
United States grew up from the inadequacy of common 
law .forms to secure justice in all cases. Equity cases 
are also called cases in chancery. Formerly equity 
cases and law cases were tried in different courts, and 
today the Court of Chancery in England sits at Lon- 
don, while the judges of the law courts go in circuit 
to the different counties. Cases in law and cases in 
equity are now commonly tried in the same court, 
acting in different capacities. This is the case in the 
district courts of Iowa, which sometimes sit as law 
courts and sometimes as equity courts. A lawyer was 
defending his client in a court of law in this State, and 
claimed that there was a distinct understanding 
between his client and the other party to the contract, 
putting a peculiar and uncommon construction on 
certain phrases in that contract. The judge reminded 
the lawyer that if he wished to introduce evidence of 
intentions at variance with the letter of contract, he 
must bring the case before a court of equity, and that 
the court was at present sitting as a court of law. 

272. Civil and Criminal Cases.— Civil cases are 
those involving the private rights of individuals or 
corporations. In such cases, one party, called the 
plaintiff, brings suit against the other party, who is 
called the defendant. Both parties may be private 
individuals, or either may be a corporation. A funda- 
mental principle of law is that a sovereign state ma;; 
not be sued by an individual, but the United States' 
has provided a court of claims to consider and pass 
judgment upon claims of citizens against the United 



248 CIVIL GOVERNMENT OF IOWA 

States. A man may not sue the State of Iowa, but he 
may secure a certificate as to the legality of his claim 
from the auditor of State, and use this in presenting his 
claim before the General Assembly, which, by a two- 
thirds vote, may grant an appropriation to satisfy the 
same. (See notes on Art. III., Sec. 31.) The out- 
come of a civil suit is a judgment in favor of the 
plaintiff or defendant, and may require the payment 
of a sum of money to the plaintiff. This judgment is 
recorded by the clerk of the court, and becomes a lien 
on the real property of the defendant. Criminal cases 
are those involving the commission of an offense 
against the laws of the State or municipality, a public 
wrong. In criminal eases the plaintiff is the State, and 
the defendant is the one accused of breaking the law. 
The outcome of a criminal case is the acquittal or 
conviction and punishment of the defendant. 

273. Style of Process, Salary, Etc.— Sec. V. The 
Judges of the Supreme and District Courts shall be con- 
servators of the peace throughout the State. 

Sec. 8. The style of all process shall be *'The State 
of Iowa," and all prosecutions shall be conducted in the 
name and by the authority of the same. 

Sec. 9. The salary of each Judge of the Supreme 
Court shall be two thousand dollars per annum; and 
that of each District Judge, one thousand six hundred 
dollars per annum, until the year eighteen hundred 
and sixty; after which time they shall severally receive 
such compensation as the General Assembly may, by 
law, prescribe; which compensation shall not be 
increased or diminished during the term for which they 
shall have been elected. 

The salary of the judges of the supreme court is 
now $6,000; that of the judges of the district courts 
is $3,500. 



JUDICIAL DEPARTMENT 



249 



274. Changes in Districts and Judges. — Sec. 10. 
The State shall be divided into eleven Judicial Districts; 
and after the year eighteen hundred and sixty, the 
General Assembly may reorganize the Judicial Districts 
and increase or diminish the number of Districts, or the 
number of Judges of the said Court, and may increase 
the number of Judges of the Supreme Court, but such 
increase or diminution shall not be more than one Dis- 
trict, or one Judge of either Court, at any one session; 
and no reorganization of the districts, or diminution of 



MINN 



S O T A 




the number of Judges, shall have the effect of removing 
a Judge from office. Such reorganization of the dis- 
tricts, or any change in the boundaries thereof, or 
increase or diminution of the number of Judges, shall 
take place every four years thereafter, if necessary, and 
at no other time. 

(Amendment. ) At any regular session of the General 



250 CIVIL GOVERNMENT OF IOWA 

Assembly, the State may be divided into the necessary 
Judicial Districts for District Court purposes, or the 
said districts may be reorganized and the number of 
the districts and the Judges of said courts increased or 
diminished; but no reorganization of the districts or 
dimmution of the Judges shall have the effect of remov- 
ing a Judge from office. 

(The foregoing amendment was adopted at the 
general election in 1884.) 

This section provides for all necessary changes in 
the courts of Iowa, but protects judges of the supreme 
and district courts from being thrown out of office 
before the end of the term for which they were elected, 
by any decrease in the number of judges. There is 
no such constitutional provision protecting the judges 
of the lower courts or of the circuit courts described 
in the note below. Therefore, when the circuit courts 
were abolished, the circuit judges lost their positions, 
and although they brought their cases into the Supreme 
Court, it was decided that they had no vested rights, 
and could therefore be removed with the abolition of 
the court by an act of the General Assembly. 

Changes in the Judicial Department. — (1) The Changes in the 
Supreme Court. The constitution of 1846 provided for a supreme 
court of three members— the chief justice and two associates. In 
the transaction of business, two of them constituted a quorum. To 
provide that they should be as free from partisan politics as possible, 
they were elected by the General Assembly for a term of six years. 
To accommodate the interest of the State, the court convened at 
such times and places as the General Assembly directed. As a conse- 
quence of this policy, the court met for many years in various places 
in the State, until finally, after the completion of the capitol at Des 
Moines, the court was permanently located at the capital city. 

The constitution of 1857 changed the plan of election of the judges 
so that they were chosen by the qualified electors of the State, and 
their terms of office were so changed as to expire at different times, 



JUDICIAL DEPARTMENT ^5! 

while the chief justice became the one that had the shortest time to 
serve, coming to this official rank by rotation. The number of 
judges remained for a time at three, but the amount of business so 
increased that it became necessary to enlarge the number to five, 
and afterward to six — the present number of members in the Iowa 
Supreme Court. 

The Changes in the District Court.— [2) The constitution of 1846 
provided for the organization of courts of original jurisdiction in 
cases in law and equity, and all civil and criminal cases arising 
under the laws where trial was to occur before being heard by the 
supreme court. At the beginning, there were four judicial districts, 
and one judge to each district. The number of districts was increased 
from time to time as the necessities of the business required. 

The constitution of 1857 changed the length of the term of the 
district judge's office from five to four years, and the General Assembly 
has from time to time increased the number of districts until, in 
1908, there were twenty districts,and from one to four judges in each 
district. 

Circuit Courts. — At one time the courts had so much business that 
it became necessary to reorganize the courts in some ways, so as to 
have more judges. As the constitution then was, there was a district 
attorney to represent the State in all criminal actions, to each district 
judge, and an increase in judicial districts would multiply these district 
attorneys, which was not considered necessary or expedient. Hence 
the General Assembly provided for a new judge to each district to be 
called a circuit judge, whose jurisdiction consisted of all probate 
business, and besides had concurrent jurisdiction with the district 
court in all civil business. The criminal business belonged to the 
district court alone. (167.) 

After the amendment to the State constitution (1884) that pro- 
vided for the selection of a county attorney for each county to repre- 
sent the State in all criminal actions, and the abolishment of the 
office of district attorney, the district court system was reorganized; 
the circuit court, as it had been called, was abolished, and from one 
to four judges were provided by law for the several districts, as the 
needs of the business of each district required. 

275. Judges and Attorneys. — Sec. 11. The 
Judges of the Supreme and District Courts shall be 
chosen at the general election; and the term of office of 
each Judge shall commence on the first day of January 
next after his election. 



252 CIVIL GOVERNMENT OF IOWA 

Sec. 12. The General Assembly shall provide, by 
law, for the election of an Attorney-General by the 
people, whose term of office shall be two years, and 
until his successor shall have been elected and qual- 
ified. 

Sec. 13. The qualified electors of each judicial dis- 
trict shall, at the time of the election of District Judge, 
elect a District Attorney^ who shall be a resident of the 
district for which he is elected, and who shall hold his 
office for the term of four years, and until his successor 
shall have been elected and qualified. 

(The foregoing section was stricken out and the fol- 
lowing substituted therefor at the general election in 
1884.) 

Sec. 13. The qualified electors of each county shall, 
at the general election in the year 1886, and every two 
years thereafter, elect a county attorne}^, who shall be a 
resident of the county for which he is elected, and shall 
hold his office for two years, and until his successor 
shall have been elected and qualified. 

Changes in the office of County Attorney. — The constitution of 
1846 provided for the ofi&ce of prosecuting attorney, the ofi&cer to be 
elected by the several counties at the general election. This officer 
was the advisor of the several county officers, and represented the 
State in all criminal cases tried before the district court. The con- 
stitution of 1857 dropped the provision regarding the county prose- 
cuting attorney, and substituted a district attorney to be chosen by 
the electors of each judicial district. This was done in the interests 
of economy and also in the hope of providing more efl&cient officers 
than was possible under the prosecuting attorney system, since a 
lawyer could afford, with such an extent of territory, to give all his 
time to the prosecution of offenders against the criminal laws of the 
State. 

After a time the ofiSce of district attorney was found to interfere 
with the proposed reorganization of the district courts, and in 1884, 
by a constitutional amendment, the office of district attorney was 
abolished and that of county attorney restored, the term of service 
being changed to two years. 

276, The G-rand Jury.— Sec. 14. It shall be the 
duty of the General Assembly to provide for the carry- 



JUDICIAL DEPARTMENT 253 

ing into effect of this article, and to provide for a general 
system of practice in all the Courts of this State. 

(Amendment.) The grand jury may consist of any 
number of members, not less than five, nor more than 
fifteen, as the General Assembly may by law provide, or 
the Genera] Assembly may provide for holding persons 
to answer for any criminal offense without the inter- 
ference of a grand jury.) 

(The foregoing amendment was adopted at the general 
election in 1884.) 

Care should be taken to distinguish between a grand 
jury and a petit jury. The grand jury finds an indict- 
ment or presentment against a supposed criminal, 
charging him with the crime and requiring him to 
appear before the district court and be tried on the 
indictment. Notice that this amendment provides for 
abolishing the grand jury. How does this amendment 
affect Article I., Sec. ii, of the Bill of Rights? An 
indictment is an accusation formally drawn up by a 
prosecuting officer and laid before the grand jury, with 
the evidence pointing toward the guilt of the accused. 
If the members of the jury think the evidence suffi- 
cient to warrant a trial, they endorse the paper with 
the words, * ' A true bill. ' * If the evidence is not, in 
their opinion, sufficient, they endorse the words, ' * Not 
a true bill." In the latter case, the accused is not 
obliged to undergo a trial, though he may be indicted 
by another jury later, and so brought to trial. A 
presentment is an accusation by a jury on their own 
knowledge, or on evidence before them, and is not 
based on the suit of the government. If the jury pre- 
sents a person, he must be regularly indicted before 
he can be put on trial. .(Hinsdale's ''American Gov- 
ernment," § 551. p. 308.) 



254 



CIVIL GOVERNMENT OF IOWA 



fChas. M. Waterman, 1898-1902. 
John C. Shenvin, 1900-. 
Emlin McClain, 1901-. 
Silas M. Weaver, 1902-. 
Charles A. Bishop, 1902-. 



Supreme Judges. 
*tCharles Mason, 1838-47. Scott M. Ladd, 1897 

*tThomas S. Wilson, 1838-47. 
* Joseph Williams, 1838-55. 
tjohn F. Kinney, 1847-54. 

George Green, 1847-55. 

S. C. Hastings, 1848-49. 

Jonathan C. Hall, 1854-55. 
t George G. Wright, 18.55-70. 

Wm. G. Woodward, 1855-60. 
fNorman W. Isbell, 1855-56. 

Lacon D. Stockton, 1856-60. 

Caleb Baldwin, 1860-63. 

Ralph P. Lowe, 1860-67. 

John F. Dillon, 1864-70. 
tChester C. Cole, 1864-76. 

Joseph M. Beck, 1868-91. 

James G. Day, 1870-83. 
fElias H. Williams, 1870. 

William E. Miller, 1870-75. 

Austin Adams, 1876-87. 

James H. Rothrock, 1876-97. 

William H. Seevers, 1876-88. 
tJoseph R. Reed, 1884-89. 

Gifford S. Robinson, 1888-99. 

Charles T. Granger, 1889-1900 

Josiah Given, 1889-1901. 

LeVega G. Kinne, 1892-97. 

Horace E. Deemer, 1894-. 



277. The Petit Jury. — The petit jury comprises 
twelve men, who listen to the evidence for and against 
the accused, as it is given during the trial, and at the 
close of the trial decide whether the defendant is guilty 
or not. In a trial for murder in the first degree, they 
also decide whether the punishment shall be death or 
life imprisonment at hard labor. (Code § 4731.) 

* Held over from territorial government ; see § 46. 
t Resigned office. 



JUDICIAL DEPARTMENT 255 

' * The following persons are exempt from liability to 
act as jurors: All persons holding office under the laws 
of the United States or this State; all practicing 
attorneys, physicians, registered pharmacists, and 
clergymen; all acting professors or teachers of any 
college, school, or other institution of learning, and all 
persons disabled by bodily infirmity or over sixty-five 
years of age; active members of any fire company, 
and any person who is conscientiously opposed to act- 
ing as a juror because of his religious faith." (Laws 
of Twenty-sixth General Assembly, page 6i.) Any 
person may be excused from jury service when personal 
interests, or the health of his family require his absence 
from court. 

Lists are annually selected by the judges of the 
various precincts in every county. From these lists 
the members of grand and petit juries are chosen by lot 
by a committee comprising the county auditor, clerk, 
and recorder. The number of names on the lists is indi- 
cated in the following tables. The number chosen by 
lot constitute "a. panels and the number on each panel is 
indicated below. A talesman is a person summoned to 
complete a jury when the regular panel is exhausted 
by challenges or is otherwise deficient. 



GRAND 

JURORS. 

Number of names in lists of counties of 

20,000 or less 75 

Number of names in lists of counties of 

over 20,000 75 

Panel in counties of less than 15,000 12 

Panel in counties of 15,000 or more 12 

Limit of panel in single county districts... 12 
Number of complete jury chosen by lot 

from thji panel 7 12 



PETIT 


TALES- 


JURORS. 


MEN. 


400 


150 


800 
15 
24 
72 


300 



256 CIVIL GOVERNMENT OF IOWA \ 

Note. — The number on the panel of a petit jury i 

may be increased by the order of the court. Tales- \ 

men are always citizens of the town where the court I 

is held, or of the immediately adjacent townships. The j 

names of the jurors are to be drawn twenty days prior j 

to the court session, and the persons chosen are sum- ] 

moned by the sheriff. The jury of a justice's court con- ! 
sists of six men, who are selected and summoned by 
the constable. 

278. Outline. — From the above article, fill the , 

following outline of Judicial Department: I 

State Courts, 

Those named in the Constitution, 

Provision for additional courts, ' 

History of such additions, (Note and table of ■ 
courts); 
Supreme Court, . 

Number of Judges, Sec. 2, \ 

According to the Constitution, , 

Quorum, | 

Provision for a change in number. Sec. 10, 
Frequency of such changes, 
Result on term of judges, 
Number at present, (Note); 

Election, 

How, Sec. 3. ; 

When. Sec. 11. ] 

Term, ^ 

Length, Sec. 3. i 

Beginning, Sec. 11. '■' 

Classification. 

Ineligibility. j 

Chief Justice, Sec. 3. 1 

Jurisdiction, Sec. 4. 

Salary, Sec. 9. ; 

Formerly, ; 

Now, I 

How determined (Notes and table), I 



JUDICIAL DEPARTMENT 257 

District Court, 

Number of districts, Sec. 10. 
Provision for change. 
Number at present. (See map, p. 249.) 
Number of Judges by Constitution, Sec. 5. 
Provision for change. Sec. 10. 

Frequency of change, Amendment, Sec. 10. 
Result on term of Judges; 
Term; 
Election, 
How, 

When, Sec. 11; 
Salary, 

Formerly, 
Now, Sec. 9, notes; 
The Attorney-General, 

Term of service, Sec. 12; 
The District Attorney, Sec. 13. 

(Superseded. ) 
The County Attorney, Amendment to Sec. 13; 
The grand jury, Amendment. 
Limitation as to number, 
Provision for abolishing. 
279, Militia.— Article VI., Section 1. The militia 
of this State shall be composed of all able-bodied {white) 
male citizens, between the ages of eighteen and forty- 
five years, except such as are or may hereafter be 
exempt by the laws of the United States, or of this 
State, and shall be armed, equipped, and trained as 
the General Assembly may provide by law. 

(Amended by striking out the word ''white," at the 
general election in 1868.) 

Sec. 2. No person or persons conscientiously scru- 
pulous of bearing arms shall be compelled to do mili- 
tary duty in time of peace; provided, that such person 
or persons shall pay an equivalent for such exemption in 
the same manner as other citizens. 

All persons who have served in the United States 
army and have been honorably discharged, are exempt 
from duty under the military laws of the State, but 



258 CIVIL GOVERNMENT OF IOWA 

are allowed to join the organized militia if they wish. 
The unorganized militia are listed by the assessors of 
the various townships as stated in the chapter on local 
government (145), and, after being reported to the 
county auditor, the list is forwarded to the adjutant- 
general at Des Moines. 

280. Officers, — Sec. 3. All commissioned officers 
of the militia (staff officers excepted) shall be elected 
by the persons liable to perform military duty, and shall 
be commissioned by the governor. 

Commissioned officers are elected for five years by 
the enlisted members of the State militia; that is, by 
the members of the National Guard. 

281. Outline Study. 

Militia, Art. VI. 

Comprises whom, Section 1. 

Exception, 

How armed. 

How Equipped, 

How trained; 

The word "white"; 

Exemption from duty, Sec. ^ 

Provision, 

Meaning of same: 
Officers, Sec. 3. 



CHAPTER XXI 

STATE DEBTS AND CORPORATIONS 
ARTICLE VII 

282. Purpose and Limits. — Section 1. The 
credit of the State shall not, in any manner, be given or 
loaned to, or in aid of, any individual, association, or 
corporation; and the State shall never assume, or 
become responsible for, the debts or liabilities of any 
individual, association, or corporation, unless incurred 
in time of war for the benefit of the State. 

Sec. 2. The State may contract debts to supply 
casual deficits or failures in revenues, or to meet 
expenses not otherwise provided for; but the aggre- 
gate amount of such debts, direct and contingent, 
whether contracted by virtue of one or more acts of the 
General Assembly, or at different periods of time, shall 
never exceed the sum of two hundred and fifty thousand 
dollars^ and the money arising from the creation of such 
debts shall be applied to the purpose for which it was 
obtained, or to repay the debts so contracted, and to no 
other purpose whatever. 

It will be seen that great pains was taken to prevent 
the legislature from involving the State in needless 
debt, but the following sections provide for exceptional 
cases. 

283. First Exception to Limit. — Sec. 3. All 
losses to the permanent, school or university fund of 
this State, which shall have been occasioned by the 
defalcation, mismanagement or fraud of the agents or 
ofBcers controlling and managing the same, shall be 
audited by the proper authorities of the State. The 
amount so audited shall be a permanent funded debt 
against the State, in favor of the respective fund, sus- 
taining the loss, upon which not less than six per cent. 

259 



260 CIVIL GOVERNMENT OF IOWA 

annual interest shall be paid. The amount of liability 
so created shall not be counted as a part of the indebted- 
ness authorized by the second section of this article. 

The educational funds of the State coming from the 
Federal land grants (130 and 296-301) must be 
sacredly guarded, and this is the first exception to 
the general restriction on State indebtedness. Such 
a loss was incurred early in the history of the State, 
and, in accordance with this section, the State 
issued bonds to the amount of $234,498.01 as a per- 
manent debt to make good the loss to the school 
fund. This debt was not paid until 1893, when the 
United States government repaid to Iowa her share of 
the Direct War Tax of 1861. (Hinsdale's American 
Government, § 343.) The receipt of this money from 
the Federal Government enabled Iowa to pay her 
bonds, and left about $150,000 to be expended on a 
Soldiers' and Sailors' Monument to be erected on the 
grounds of the State Capitol, {jj). 

284. Second Exception to Limit. — Sec. 4. In 
addition to the above limited power to contract debts, 
the State may contract debts to repel invasion, suppress 
insurrection, or defend the State in war; but the money 
arising from the debts so contracted shall be applied to 
the purpose for which it was raised, or to repay such 
debts, and to no other purpose whatever. 

All ordinary restrictions may need to be laid aside 

under the danger of invasion or serious insurrection, 

and this second exception is evidently wise and proper. 

285. Third Exception. — Sec. 5. Except the debts 
hereinbefore specified in this article, no debt shall be 
hereafter contracted by or on behalf of this State, 
unless such debt shall be authorized by some law for 
some single work or object, to be distinctly specified 
therein; and such law shall impose and provide for the 



STATE DEBTS AND CORPORATIONS 261 

collection of a direct annual tax, sufficient to pay the 
interest on such debt, as it falls due, and also to pay 
and discharge the principal of such debt, within twenty 
years from the time of contracting thereof, but no such 
law shall take effect until at a general election it shall 
have been submitted to the people, and have received a 
majority of all the votes cast for and against it at such 
election, and all money raised by authority of such law 
shall be applied only to the specific object therein stated, 
or to the payment of the debt created thereby, and such 
law shall be published in at least one newspaper in each 
county, if one is published therein, throughout the 
State, for three months preceding the election at which 
it is submitted to the people. 

Sec. 6. The legislature may, at any time after the 
approval of such law by the people, if no debt shall 
have been contracted in pursuance thereof, repeal the 
same; and may, at any time, forbid the contracting of 
any further debt, or liability, under such law; but the 
tax imposed by such law, in proportion to the debt or 
liability, which may have been contracted in pursuance 
thereof, shall remain in force and be irrepealable, and 
be annually collected, until the principal and interest 
are fully paid. 

The third exception to the law restricting the 
indebtedness of the State is based on the principle of 
the ''referendum." In Switzerland, it is customary 
to require laws to be referred to the people for sanc- 
tion before they take effect, and it is the opinion of 
many that the same plan would be of advantage in 
the United States. Notice how carefully provision is 
made for the annual payment of interest and the 
liquidation of the whole debt within twenty years; 
also for cases where the necessity disappears for bor- 
rowing the whole amount authorized. 

286. Requirement. — Sec. 1. Every law which 
imposes, continues, or revives a tax, shall distinctly 
state the tax, and the object to which it is to be applied; 



262 CIVIL GOVERNMENT OF lOWA 

and it shall not be sufficient to refer to any other law to 
fix such tax or object. 

287. Outline Study. 

State debts, Art. VII. 

Prohibition against, Sec. 1. 

Granting the credit of the state, 
Assuming certain debts. 
Exception; 
Contraction of state debt, Sec. 2. 
For what purposes, 
General limitation; 
First exception, touching certain funds, Sec. 3. 

Provision for such cases, 
Second exception, touching public danger, Sec. 4. 

Provision, 
Third exception, by referendum. Sec. 5. 
How paid, 

Limit of time. 
Publication, 
Payment of interest, 
Repeal of law, Sec. 6. 
Restriction. 
Requirement touching all laws imposing or reviving 
taxes, Sec. T. 

288. Corporations. — "A corporation is a body 
consisting of one or more natural persons, empowered 
by law to act as an individual, and continued by a 
succession of members." A corporation may own 
property, sue, and be sued like an individual. There 
are (i) public or municipal corporations, created 
for political purposes and sometimes spoken of as 
political corporations; (2) private or civil corporations 
created for the private emolument of the members. 
Cities, counties, and incorporated towns are examples 
of the first kind, and railroad companies, banks, and 
manufacturing companies are examples of the second 
kind. 



STATE DEBTS AND CORPORATIONS 263 

Article VIII., Section 1. No corporation shall be 
created by special laws; but the General Assembly shall 
provide, by general laws, for the organization of all 
corporations hereafter to be created, except as herein- 
after provided. 

Sec. 2. The property of all corporations for 
pecuniary profit shall be subject to taxation, the same 
as that of individuals. 

Sec. 3. The State shall not become a stockholder in 
any corporation, nor shall it assume or pay the debt or 
liability of any corporation, unless incurred in time of 
war for the benefit of the State. 

Section i guards against corporations monopoliz- 
ing privileges by securing rights which others may 
not have under similar circumstances. The justice of 
Sec. 2 is very evident. As the State may not be sued, 
it would be an unwise plan to allow a State to become 
a stockholder in any corporation which can be sued. 

289, Prohibition. —Sec. 4. No political or muni- 
cipal corporation shall become a stockholder in any 
banking corporation, directly or indirectly. 

This means that no county, city, or town can hold 
stock in any bank. The county, city, and town, unlike 
the State, are liable to suit, but a strong prejudice 
against banks existed in the State when the constitu- 
tion was adopted (38, 42, 43), and this section is 
inserted in deference to this feeling and the belief that 
even local government should have no interest in bank- 
ing establishments. 

290. Bank Legislation. — Sec. 5. No act of the 

General Assembly, authorizing or creating corporations 
or associations with banking powers, nor amendments 
thereto, shall take effect, or in any manner be in force, 
until the same shall have been submitted, separately, to 
the people, at a general or special election, as provided by 
law, to be held not less than three months after the pas- 



264 CIVIL GOVERNMENT OF IOWA 

sage of the act, and shall have been approved by a 
majority of all the electors voting for and against it at 
such election. 

Here is another case of referendum. Notice the 

three months clause. 

29 I . Provision for a State Bank. — Sec. 6. Sub- 
ject to the provisions of the foregoing section, the 
General Assembly may also provide for the establish- 
ment of a State bank with branches. 

Sec. 7. If a State bank be established, it shall be 
founded on an actual specie basis, and the branches 
shall be mutually responsible for each other's liabilities 
upon all notes, bills, and other issues intended for cir- 
culation as money. 

Sec. 8. If a general banking law shall be enacted, it 
shall provide for the registry and countersigning, by an 
officer of State, of all bills, or paper credit designed to 
circulate as money, and require security to the full 
amount thereof, to be deposited with the State treasurer, 
in United States stocks, or in interest paying stocks of 
States in good credit and standing, to be rated at ten 
per cent below their average value in the city of New 
York, for the thirty days next preceding their deposit; 
and in case of a depreciation of any portion of such 
stocks, to the amount of ten per cent on the dollar, the 
bank or banks owning said stocks shall be required to 
make up said deficiency by depositing additional stocks; 
and said law shall also provide for the recording of the 
names of all stockholders in such corporations, the 
amount of stock held by each, the time of any transfer, 
and to whom. (71). 

A bank wishing to have the privilege of issuing 

bills of credit, as they are called in the Constitution of 

the United States or bank bills to the amount of 

$9,000, must deposit United States bonds (or other 

security satisfactory to the State), worth $10,000 in 

the New York market, and if at any time these bonds 

come to be worth less than $9,000, more bonds must 



STATE DEBTS AND CORPORATIONS 265 

be deposited to make up the deficiency. State banks 
are numerous, but none of them issue bank-bills 
because of the United States tax of ten per cent on 
State bank currency. 

292. Responsibility of Stockholders. — Sec. 9. 
Every stockholder in a banking corporation or institu- 
tion shall be individually responsible and liable to its 
creditors, over and above the amount of stock by him 
or her held, to an amount equal to his or her respective 
shares so held, for all of its liabilities, accruing while 
he or she remains such stockholder. 

A stockholder owning $10,000 worth of stock is 
thus liable for $20,000 in case that amount is needed 
to make good the deficiency of funds when the bank 
fails. 

293. Further Protective Measures. — Sec. 10. In 
case of the insolvency of any banking institution, the 
bill-holders shall have a preference over its other 
creditors. 

Sec. 11. The suspension of specie payment by bank- 
ing institutions shall never be permitted or sanctioned. 

Sec. 12. Subject to the provisions of this article, 
the General Assembly shall have power to amend or 
repeal all laws for the organization or creation of cor- 
porations, or granting of special or exclusive privileges 
or immunities, by a vote of two-thirds of each branch 
of the General Assembly; and no exclusive privileges, 
except as in this article provided, shall ever be granted. 

Any one who has a bank bill is a creditor of the 
bank. The general plan of State bank currency is 
the same as that of the National Banks, but it was of 
earlier date, the first National Banking Law being 
passed in 1863. The suspension of specie payment 
means the refusal to redeem obligations in real money 
or coin. 



266 STATE DEBTS AND CORPORATIONS 

294. Ontline Study. 

Corporations. 

Provision for their organization, Section 1. 
Restriction touching laws, 
Taxation, Sec. 2. 

The State as a stockholder. Sec. 3; 
Assumption of corporation debts, 

Exception; 
Banking corporation, Sec. 4. 

Restriction touching stockholders. 
Banking laws, Sec. 5. 
Restrictions on passing same. 
State bank, 

How established, Sec. 6. 
Restriction, 
On what basis, Sec. 7 
Responsibility of branches, 
Security of currency, Sec. 8. 

How rated. 
Stockholders, Sec. 9. 

Extent of responsibility; 
Creditors having preference, Sec. 10. 
Suspension of specie payment, Sec. 11. 



TOPICS AND QUESTIONS. 

1. A very interesting article will be found in the 
April (1897) number of Iowa Historical Record, on 
' ' Some Iowa Bank History. ' ' 

2. Look up the subject of Wild-cat banking in the 
United States. 



CHAPTER XXII 



ARTICLE IX. EDUCATION AND SCHOOL LANDS 

295. State Board of Education. — The first part 
of Article IX. is a matter of interest simply as history. 
It provides for a State Board of Education, but by 
Section 15 allows that board to be reorganized or 
abolished after the year 1863. The Tenth General 
Assembly did abolish the board. (See Laws of Tenth 
General Assembly, Chapter LII., Sec. i.) We insert 
the article in full, as part of the Constitution, recom- 
mending that it be read over by the class. 

FIRST. 

Education. — Section 1. The educational interest of the State, 
including common schools and other educational institutions, shall 
be under the management of a Board of Education, which shall con- 
sist of the lieutenant-governor, who shall be the presiding officer of the 
board, and have the casting vote in case of a tie, and one member 
to be elected from each judicial district in the State. 

Sec. 2. No person shall be eligible as member of said board vs^ho 
shall not have attained the age of twenty-five years, and shall have 
been one year a citizen of the State. 

Sec. 3. One member of said board shall be chosen by the quali- 
fied electors of each district, and shall hold the office for the term of 
four years, and until his successor is elected and qualified. After the 
first election under this constitution, the board shall be divided, as 
nearly as practicable, into two equal classes, and the seats of the 
first class shall be vacated after the expiration of two years; and one 
half of the board shall be chosen every two years thereafter. 

Sec. 4. The first session of the Board of Education shall be held 
at the seat of government, on the first Monday of December, after 
their election; after which the General Assembly may fix the time 
and place of meeting. 

Sec. 5. The session of the board shall be limited to twenty days, 
and but one session shall be held in any one year, except upon extraor- 
dinary occasions, when, upon the recommendation of two thirds of 
the board, the Governor may order a special session. 

267 



268 CIVIL GOVERNMENT OF IOWA 



Sec. 6. The Board of Education shall appoint a secretary, whc 
shall be the executive officer of the board, and perform such duties 
as may be imposed upon him by the board and the laws of the 
State. They shall keep a journal of their proceedings, which shall 
be published and distributed in the same manner as the journals of 
the General Assembly. 

Sec. 7. All rules and regulations made by the board shall be pub- 
lished and distributed to the several counties, townships, and school 
districts, as may be provided for by the board, and when so made, 
published and distributed, they shall have the force and effect of law. 

Sec. 8. The Board of Education shall have full power and author- 
ity to legislate and make all needful rules and regulations in relation 
to common schools, and other educational institutions, that are 
instituted to receive aid from the school or university fund of this 
State; but all acts, rules, and regulations of said board may be 
altered, amended or repealed by the General Assembly; and when 
so altered, amended, or repealed, they shall not be re-enacted by the 
Board of Education, 

Sec. 9. The Governor of the State shall be, ex officio, a member 
of said board. 

Sec. 10. The board shall have no power to levy taxes, or make 
appropriations of money. Their contingent expenses shall be pro- 
vided for by the General Assembly. 

Sec. 11. The State University shall be established at one place 
without branches at any other place, and the University fund shall 
be applied to that institution and no other. 

Sec. 12. The Board of Education shall provide for the education 
of all the youths of the State, through a system of common schools, 
and such schools shall be organized and kept in each school district at 
least three months in each year. Any district failing for two con- 
secutive years to organize and keep up a school, as aforesaid, may be 
deprived of their portion of the school fund. 

Sec 13. The members of the Board of Education shall each re- 
ceive the same per diem during the time of their session, and mileage 
going to and returning therefrom, as members of the General Assem- 
bly. 

Sec. 14. A majority of the board shall constitute a quorum for the 
transaction of business; but no rule, regulation, or law, for the gov- 
ernment of common schools or other educational institutions, shall 
pass without the concurrence of a majority of all the members of the 
board, which shall be expressed by the yeas and nays on the final 
passage. The style of all acts of the board shall be, ' 'Be it enacted 
by the Board of Education of the State of Iowa." 

Sec. 15. At any time after the year One thousand eight hundred 
and sixty-three, the General Assembly shall have power to abolish or 
re-organize said Board of Education, and provide for the educa- 
tional interest of the State in any other manner that to ,them shall 
seem best and proper. 

SECOND. 

296. School Funds and School Lands. — Section 1. The educa- 
tional and school funds and lands shall be under the control and 
management of the .General Assembly of this State. 



EDUCATION AND SCHOOL LANDS 269 

Sec. 2. The University lands, and the proceeds thereof, and all 
moneys belonging to said fund shall be a permanent fund for the sole 
use of the State University. The interest arising from the same shall 
be annually appropriated for the support and benefit of said Univer- 
sity. 

Sec. 3. The General Assembly shall encourage, by all suitable 
means, the promotion of intellectual, scientific, moral, and agricultural 
improvement. The proceeds of all lands that have been, or hereafter 
may be, granted by the United States to this State, for the support of 
schools, which may have been, or shall hereafter be sold, or disposed 
of and the five hundred thousand acres of land granted to the new 
States, under an act act of Congress, distributing the proceeds of the 
public lands among the several States of the Union, approved in the 
year of our Lord One thousand eight hundred and forty one, and all 
estates of deceased persons who may have died without leaving a will 
or heir, and also such per cent as has been or may hereafter be granted 
by Congress, on the sale of lands in this State, shall be, and remain 
a perpetual fund, the interest of which, together with all rents of the 
unsold lands, and such other means as the General Assembly may 
provide, shall be inviolably appropriated to the support of common 
schools throughout the State. 

297. United States Land G-rants. — i. School 
Lands. The first land grant for school purposes 
originated in the ordinance of 1785, confirmed July 
23, 1787, and ratified by Congress in 1789, after the 
adoption of the present Constitution. At first the six- 
teenth section of every congressional township was set 
apart for the maintenance of common schools. The 
provision for Iowa was made in a law passed by Con- 
gress in 1845. All States admitted previous to 1850 
received a grant of the sixteenth section. All States 
organized after that time have received both the six- 
teenth and thirty-sixth sections of every township. In 
1 84 1, sixteen States, among which was Iowa, each 
received 500,000 acres of land. Later certain swamp 
lands were granted to Iowa and other states, and five 
per cent of the sale of government lands was devoted 
to the school fund in each State. 

2. University Land Grant. Two townships have 



270 CIVIL GOVERNMENT OF IOWA 

been set apart in each State for the maintenance of 
higher education. This is the basis for the State 
universities now so common. 

3. In 1862, a grant of 30,000 acres of land was 
made for each Senator and Representative in Con- 
gress; the proceeds of these lands was made a 
perpetual fund for the support of agricultural col- 
leges in the various States. By the wording of this 
act the distinctive purpose of these agricultural col- 
leges was * ' without excluding other scientific and 
classical studies and including military tactics, to 
teach such branches of learning as are related to agri- 
culture and the mechanic arts in such manner as the 
legislatures of the States may respectively prescribe, 
in order to promote the liberal and practical education 
of the industrial classes in the several pursuits and 
professions of life." See article on Land Grants in 
Report of Commissioner of Education ' for 1880, 
pp. xxiv-xxvi, and for 1892 and 1893, pp. 1268-1283. 

298. OtherSourcesof School Fund.— Sec. 4. The 
money which may have been or shall be paid by persons 
as an equivalent from exemption from military duty, and 
the clear proceeds of all fines collected in the several 
counties for any breach of the penal laws, shall be ex- 
clusively applied, in the several counties in which such 
money is paid or fine collected, among the several 
school districts of said counties, in proportion to the 
number of youths subject to enumeration in such dis- 
tricts, to the support of common schools, or the estab- 
lishment of libraries, as the Board of Education shall 
from time to time provide. 

299. Care and Disposal of Funds. — Sec. 5. The 
General Assembly shall take measures for the protec- 
tion, improvement or other disposition of such lands as 



EDUCATION AND SCHOOL LANDS 2/1 

have been or may hereafter be reserved, or granted by 
the United States, or any person or persons, to this 
State, for the use of the university, and the funds accru- 
ing from the rents or sale of such lands, or from any 
other source for the purpose aforesaid, shall be, and re- 
main, a permanent fund, the interest of which shall be 
applied to the support of said university, for the promo- 
tion of literature, the arts and the sciences, as may be 
authorized by the terms of such grant. And it shall be 
the duty of the General Assembly as soon as may be to 
provide effectual means for the improvement and per- 
manent security of the funds of said university. 

The agricultural grants were made five years after 
this Constitution went into effect. Notice that only 
the interest on the proceeds of the sale of lands, and 
the rent of the lands unsold, can be used ; the princi- 
pal must remain a permanent fund effectually pro- 
tected from fraud by Article VII., Section 3. 

300. Ag-ents and Distribution. — Sec. 6. The finan- 
cial agents of the school fund shall be the same that by 
law receive and control the State and county revenue 
for other civil purposes, under such regulations as may 
be provided by law. 

The State and county auditors have charge of the 
school funds, and distribute the income as provided 
below. 

Sec. 7. The money subject to the support and main- 
tenance of common schools shall be distributed to the 
districts in proportion to the number of youths between 
the ages of five and twenty-one years, in such manner 
as may be provided by the General Assembly. 

The secretary of the school board in each district 
makes every year an enumeration of all persons be- 
tween the ages of five and twenty-one years, which 
serves as the basis for the distribution of school funds. 



272 CIVIL GOVERNMENT OF IOWA 

30 1 . Ontline Study. — School Funds and School 

Lands: Their control and management, Article IX., 

Part II., Section i. 

Land grants of the United States, 
By ordinance of 1785, 
For common schools, 
For universities. 
By act of Congress in 1848, 

For common schools. 
By act of Congress in 1841, 

Effect on Iowa. 
Swamp lands, 1849, 1850 and 1860. 
By act of 1862. 

For agricultural colleges. 
Protection of the university lands, Sec. 2. 
Enumeration of several aids to schools, Sec. 2-Sec. 4. 
Further protection of school funds, Sec. 5. 
Agents of school funds, Sec. 6. 
Distribution of same, Sec. 7. 

302. Amendments to the Constitution. — Article 

X., Section 1. Any amendment or amendments to this 
Constitution may be proposed in either house of the 
General Assembly; and if the same shall be agreed to by 
a majority of the members elected to each of the two 
houses, such proposed amendment shall be entered on 
their journals, with the yeas and nays taken thereon, 
and referred to the Legislature to be chosen at the next 
general election, and shall be published, as provided by 
law, for three months previous to the time of making 
such choice, and if, in the General Assembly so next 
chosen as aforesaid, such proposed amendment or 
amendments shall be agreed to by a majority of all the 
members elected to each house, then it shall be the 
duty of the General Assembly to submit such proposed 
amendment or amendments to the people, in such 
manner and at such time as the General Assembly shall 
provide; and if the people shall approve and ratify such 
amendment or amendments, by a majority of the 
electors qualified to vote for members of the General 
Assembly, voting thereon, such amendment or amend- 



EDUCATION AND SCHOOL LANDS 273 

ments shall become a part of the Constitution of this 
State. 

A constitution should contain only the fundamental 
law upon which all parties are agreed and then it should 
not be often or easily amended. Political parties may 
be opposed touching statutory law, but such laws may 
be repealed by the next General Assembly. All 
parties should be equally cordial in their support of 
the constitution. There is a very questionable tend- 
ency of late years toward introducing into new State 
constitutions matters on which there is apt to be much 
difference of public opinion, and which ought rather 
to be controlled by statutes subject to legislative 
repeal. In our own State the method of securing an 
amendment is such as to protect the constitution 
against any hasty action. The prohibitory amendment 
of 1882, although it was endorsed by a majority of 
30,000 votes, failed to become a part of the constitu- 
tion because of a clerical error in copying. (See note 
on Art I., Sec. 26.) Notice the requirement to publish 
the proposed amendment after it has passed the 
General Assembly, so that the people may know its 
nature, and elect such members to the next General 
Assembly as shall carry out their desire touching the 
amendment. 

Sec, 2. If two or more amendments shall be sub- 
mitted at the same time, they shall be submitted in such 
manner that the electors shall vote for or against each 
of such amendments separately. 

This is to prevent confusion and to secure a clear 
expression of the will of the voters. 

303. Revision.-— Sec. 3. At the general election to 
be held in the year one thousand eight hundred and 



274 CIVIL GOVERNMENT OF IOWA 

seventy, and in each tenth year thereafter, and also at 
such times as the General Assembly may, by law, pro- 
vide, the question, '' Shall there be a convention to 
revise the Constitution, and amend the same?" shall be 
decided by the electors qualified to vote for members of 
the General Assembly; and in case a majority of the 
electors so qualified, voting at such election for and 
against such proposition, shall decide in favor of a con- 
vention for such purpose, the General Assembly, at its 
next session, shall provide by law for the election of 
delegates to such convention, 

This provision gives the people a chance to revise 
the constitution once in ten years. 

The Constitution of Iowa was amended in 1868 by 
striking out the word "white," where its presence con- 
flicted with the XIV. and XV. amendments to the Con- 
stitution of the United States. In 1880 the word 
''white" was by amendment stricken from qualifica- 
tions of senators and representatives. In 1884, amend- 
ments I, 2, 3, and 4 were passed : 

(1) Changing the time of the general election to conform with the 
date set by the general government for the choice of presi- 
dential electors. 

(2) Altering provisions for changing and reorganizing judicial 

districts. 

(3) Touching the grand jury and providing for the possibility of 
its being abolished. 

(4) Substituting a county attorney for the district attorney. 

In 1904 amendments were adopted providing for 
biennial elections, and making new provisions as to the 
number and apportionment of State senators and repre- 
sentatives (247, 248, 249). 
304- Outline Study. 
Amendments, 

Proposed, Sec. 1. 
By whom. 
Vote necessary. 



EDUCATION AND SCHOOL LANDS 275 

Advertised. 

When. 

How. 
Endorsed by whom, 

Vote necessary. 
Submitted, 

To whom. 
Ratified, 

By whom, 

Vote necessary. 
Provision for several amendments at once, Sec. 2. 
Provision for periodic revision of the Constitution, Sec. 3. 

305. Miscellaneous. — Article XL, Section 1. Juris- 
diction. The jurisdiction of justices of the peace shall 
extend to all civil cases (except cases in chancery, and 
cases where the question of title to real estate may arise), 
where the amount in controversy does not exceed one 
hundred dollars, and by the consent of parties may be 
extended to any amount not exceeding three hundred 
dollars. 

The subject matter of this section has already been 
♦considered under local government. 

306. Size of New Counties. — Sec. 2. No new 
jounty shall be hereafter created containing less than 
four hundred and thirty-two square miles; nor shall the 
territory of any organized county be reduced below that 
area; except the county of Worth, and the counties west 
of it, along the northern boundary of this State, may be 
organized without additional territory. 

This insures a county of twenty-four miles by eight- 
een miles, containing twelve Congressional townships. 

307. Debt Limits of Political Corporations. — Sec. 
3. No county, or other political or municipal corpor- 
ations, shall be allowed to become indebted in any 
manner, or for any purpose, to an amount, in the aggre- 
gate, exceeding five per centum of the value of the 
taxable property within such county or corporation — to 
be ascertained by the last State and county tax lists, 
previous to the incurring of such indebtedness. 



276 CIVIL GOVERNMENT OF IOWA 

Restriction is here placed on the legal indebtedness 
of counties and cities, just as a check was put upon 
State indebtedness in Article VII. This does not 
necessarily restrict the tax rate to five per cent, but 
applies to the amount of debt incurred. 

308. State Boundaries. — Sec. 4. The boundaries 
of this State may be enlarged with the consent of Con- 
gress and the General Assembly. 

The enlarging of the boundaries of Iowa would 
encroach upon the territory of some other State, and 
would require the consent of that State as well as of 
Iowa and Congress. (United States Constitution, Art. 
IV., Sec. 3.) 

309. Oath of Office. — Sec. 5. Every person elected 
or appointed to any office shall, before entering upon 
the duties thereof, take an oath or affirmation to support 
the Constitution of the United States, and of this State, 
and also an oath of office. 

The Constitution of the United States requires this 

oath. (Constitution of the United States, Art. VI., 

Sec. 3.) 

310. Vacancies. — Sec. 6. In all cases of elections 
to fill vacancies in office, occuring before the expiration 
of a full term, the person so elected shall hold for the 
residue of the unexpired term; and all persons appointed 
to fill vacancies in office shall hold until the next 
general election, and until their successors are elected 
and qualified. 

Sec. 7. The General Assembly shall not locate any 
of the public lands which have been or may be granted 
by Congress to this State, and the location of which 
may be given to the General Assembly, upon lands 
actually settled, without the consent of the occupant. 
The extent of the claim of such occupant, so exempted, 
shall not exceed three hundred and twenty acres. 

Sec. 8. The seat of government is hereby perma- 
nently established, as now fixed by law, at the city of Des 



EDUCATION AND SCHOOL LANDS 277 

Moines, in the county of Polk; and the State University 
at Iowa City, in the county of Johnson. 

311. Schedule. — The following schedule provid- 
ing for transition from the old to the new Constitution 
is inserted simply as a part of the Constitution, and 
for reference. 

Article XII. — Schedule. Section 1. The Constitution shall be 
the supreme law of the State, and any law inconsistent therewith 
shall be void. The General Assembly shall pass all laws necessary to 
carry this Constitution into effect. 

Sec. 2. All laws now in force and not inconsistent with this Con- 
stitution shall remain in force until they shall expire or be repealed. 

Sec. 3. All indictments, prosecutions, suits, pleas, plaints, processes, 
and other proceedings pending in any of the courts, shall be prose- 
cuted to final judgment and execution; and all appeals, writs of 
error, certiorari, and injunctions, shall be carried on in the several 
courts, in the same manner as now provided by law; and all offenses, 
misdemeanors, and crimes that may have been committed before the 
taking effect of this Constitution shall be subject to indictment, trial 
and punishment, in the same manner as they would have been had 
not this Constitution been made. 

Sec. 4. All fines, penalties, or forfeitures due, or to become due, 
or accruing to the State, or to any county therein, or to the school 
fund, shall inure to the State, county or school fund in the manner 
prescribed by law. 

Sec. 5. All bonds executed to the State, or to any officer in his 
official capacity, shall remain in force and inure to use of those 
concerned. 

Sec. 6. The first election under this Constitution shall be held on 
the second Tuesday in October, in the year one thousand eight hun- 
dred and fifty seven, at which time the electors of the State shall 
elect the governor and lieutenant-governor. There shall also be 
elected at such election the successors of such State Senators as were 
elected at the August election, in the year one thousand eight hun- 
dred and fifty four, and members of the House of Representatives, 
who shall be elected in accordance with the act of apportionment 
enacted at the session of the General Assembly which commenced on 
the first Monday of December, one thousand eight hundred and 
fifty-six. 

Sec. 7. The first election for secretary, auditor, and treasurer of 
State, attorney-general, district judges, members of the board of educa- 
tion, district attorneys, members of Congress, and such State officers as 
shall be elected at the April election, in the year one thousand eight 
hundred and fifty-seven (except the superintendent of public instruc- 
tion), and such county officers as were elected at the August election, 
in the year one thousand eight hundred and fifty-six, except prose- 
cuting attorneys, shall be held on the second Tuesday of October, one 
thousand eight hundred and fifty-eight: Provided, That the time for 



2']^ 



CIVIL GOVERNMENT OF IOWA 



which any district judge or other State or county officer elected at the 
April election in the year one thousand eight hundred and fifty-eight 
shall not extend beyond the time fixed for filling like offices at the 
October election, in the year one thousand eight hundred and fifty- 
eight. 

Sec. 8. The first election for judges of the Supreme Court, and 
such county officers as shall be elected at the August election, in the 
year one thousand eight hundred and fifty-seven, shall be held on the 
second Tuesday of October, in the year one thousand eight hundred 
and fifty-nine. 

Sec. 9. The first regular session of the General Assembly shall be 
held in the year one thousand eight hundred and fifty-eight, com- 
mencing on the second Monday of January of said year. 

Sec, 10. Senators elected at the August election, in the year one 
thousand eight hundred and fifty-six, shall continue in office until the 
second Tuesday of October, in the year one thousand eight hundred 
and fifty-nine, at which time their successors shall be elected as may 
be prescribed by law. 

Sec. 11. Every person elected by popular vote, by a vote of the 
General Assembly, or who may hold office by executive appointment, 
which office is continued by this Constitution, and every person who 
shall be so elected or appointed to any such office before the taking 
effect of this Constitution (except as in this Constitution Otherwise 
provided), shall continue in office until the term for which such per- 
son has been or may be elected or appointed shall expire; but no such 
person shall continue in office after the taking effect of this Constitu- 
tion, for a longer period than the term of such office in this Consti- 
tution prescribed. 

Sec. 12. The General Assembly, at the first session under this 
Constitution, shall district the State into eleven judicial districts, for 
district court purposes, and shall also provide for the apportionment 
of the members of the General Assembly in accordance with the pro- 
visions of this Constitution. 

Sec. 13. This Constitution shall be submitted to the electors of the 
State at the August election, in the year one thousand eight hundred 
and fifty-seven, in the several election districts in this State. The 
ballots at such election shall be written or printed as follows: Those 
in favor of the Constitution, "New Constitution — Yes." Those 
against the Constitution, " New Constitution — No." The election shall 
be conducted in the same manner as the general elections of the 
State, and the poll-books shall be returned and canvassed as provided 
in the twenty-fifth chapter of the Code, and abstracts shall be for- 
warded to the Secretary of State, which abstracts shall be canvassed 
in the manner provided for the canvass of State officers. And if it 
shall appear that a majority of all the votes cast at such election for 
and against this Constitution are in favor of the same, the Governor 
shall immediately issue his proclamation stating that fact, and such 
Constitution shall be the Constitution of the State of Iowa, and shall 
take effect from and after the publication of said proclamation. 

Sec. 14. At the sams election that this Constitution is submitted 
to the people for its adoption or rejection, a proposition to amend the 
same by striking out the word " white" from the article on the Right 



EDUCATION AND SCHOOL LANDS 279 

of Suffrage shall be separately submitted to the electors of this State 
for adoption or rejection in the manner following — Namely : A 
separate ballot may be given by every person having a right to vote 
at said election, to be deposited in a separate box ; and those given 
for the adoption of each proposition shall have the words, " Shall the 
word 'white' be stricken out of the article on the Right of Suffrage? 
Yes." And those given against the proposition shall have the words, 
"Shall the word 'white' be stricken out of the article on the Right 
of Suffrage? No." And if at said election the number of ballots 
cast in favor of said proposition shall be equal to the majority of 
those cast for and against this Constitution, then said word '• white" 
shall be stricken from said article and be no part thereof. 

Sec. 15. Until otherwise directed by law, the County of Mills 
shall be in and a part of the Sixth Judicial District of this State. 

(Amendment.) Sec. 16. The first general election after the adop- 
tion of this amendment shall be held on the Tuesday next after the 
first Monday in November in the year one thousand nine hundred 
and six, and general elections shall be held biennially thereafter. In 
the year one thousand nine hundred and six there shall be elected a 
governor, lieutenant-governor, secretary of State, auditor of State, 
treasurer of State, attorney-general, two Judges of the Supreme 
Court, the successors of the Judges of the District Court whose 
terms of office expire on December 31st, one thousand nine hundred 
and six, State senators who would otherwise be chosen in the year 
one thousand nine hundred and five, and members of the House of 
Representatives. The terms of office of the Judges of the Supreme 
Court which would otherwise expire on December 31st in odd- 
numbered years, and all other elective State, county and township 
officers whose terms of office would otherwise expire in January in 
the year one thousand nine hundred and six, and members of the 
General Assembly whose successors would otherwise be chosen at 
the general election in the year one thousand nine hundred and five, 
are hereby extended one year and until their successors are elected 
and qualified. The terms of office of senators whose successors 
would otherwise be chosen in the year one thousand nine hundred 
and seven are hereby extended one year and until their successors 
are elected and qualified. The General Assembly shall make such 
changes in the law governing the time of election and terms of office 
of all other elective officers as shall be necessary to make the time of 
their election and terms of office conform to this amendment, and 
shall provide which of the Judges of the Supreme Court shall serve 
as Chief Justice. The General Assembly shall meet in regular session 
on the second Monday in January, in the year one thousand nine 
hundred and six, and also on the second Monday in January in the 
year one thousand nine hundred and seven, and biennially thereafter. 

(Sec. 16 is an amendment adopted at the general election of 
1904. Before that time there was a general election every year, 
some officers being elected in the odd-numbered years and some in 
the even-numbered years.) 



280 CIVIL SERVICE IN IOWA 



Done in convention at Iowa City this fiftti day of March, in the 
year of our Lord one thousand eight hundred and fifty-seven, and of 
the Independence of the United States of America, the eighty-first. 
In testimony whereof we have hereunto subscribed our names. 

Timothy Day, M. W. Robinson, 

S. G. Winchester, Lewis Todhunter, 

David Bunker, John Edwards, 

D. P. Palmer, J. C. Traer, 

Geo. W. Ells, James F. Wilson, 

J. C. Hall, Amos Harris, 

John H. Peters, John T. Clarke, 

Wm. H. Warren, S. Ayres, 

H. W. Gray, Harvey J. Skiff, 

Robt. Gower, J. A. Parvin, 

H. D. Gibson, W. Penn Clark, 

Thomas Seeley, J ere. Hollings worth, 

A. H. Marvin, Wm. Patterson, 

J. H. Emerson, D. W. Price, 

R. L. B. Clarke, Alpheus Scott, 

James A. Young, George Gillaspy, 

D. H. Solomon, Edward Johnstone, 

Francis Springer, President. 

Attest : 

Th. J. Saunders, Sec?'etary. 

E. N. Bates, Assistant Sec7'etary. 



TOPIC FOR FURTHER STUDY. 

The subject of Educational Land Grants is not gen- 
erally well understood. A study of the article in the 
Report of the Commissioner of Education for 1892 and 
'93, Vol. II., pp. 1268-1283, and of the same subject 
as treated in Dr. Hinsdale's The Old Noi^thwest, will 
correct several mistakes very common among teachers. 
The Act of July 23, 1787, is often confused with the 
great Ordinance of 1787, and the latter makes no such 
dedication of land. Even the Act of July 23 was per- 
missory rather than mandatory, and the actual educa- 
tional land grants have been made by special acts, and 
not by any single grant for all States. 



PART III. 

The Government of the United States. 



CHAPTER XXIII. 

THE MAKING OF THE GOVERNMENT. 

The American Government. Sections 66- 222 inclusive. 

The United States, both as forty-six individual States 
and as a Nation, are an outgrowth of the Thirteen Eng- 
lish Colonies planted on the eastern shore of North 
America in the years 1607-1732. The process by which 
this change was effected, will be briefly described in this 
chapter. 

3(2. The Colonial G-overnments. — The Kings of 
England gave to the companies, proprietors, and 
associations that planted the Colonies certain political 
powers and rights. These powers and rights were 
formally granted in documents called charters and 
patents; they were duly protected by regular govern- 
ments, and so became the possession of the people 
of the Colonies. While differing in details, these 
governments were alike in their larger features. There 
was in every Colony (1) an Assembly or popular house of 
legislation; (2) a Council, which served as an upper 
house of legislation in most of the Colonies and as an 

281 



282 THE GOVERNMENT OF THE UNITED STATES. 

advisory body to the governor in all of them; (3) a Gov- 
ernor, and (4) Courts of Law. The members of the as- 
sembly were chosen by the qualified voters. The mem- 
bers of the council and the governors were elected by 
the people in Connecticut and Rhode Island, and were 
appointed by the proprietors in Maryland and Pennsyl- 
vania, and by the king in the other colonies. The 
judges were generally appointed by the king or his 
representatives. Powers of local government were 
distributed to local officers in every Colony. 

3 1 3. The Home Government. — The Kings who 
granted the charters and patents, for themselves and their 
descendants, guaranteed to their subjects who should 
settle in the Colonies and their children, all liberties, 
franchises, and immunities of free denizens and native 
subjects within the realm of England. Previous to the 
troubles that led to the Revolution, the Home govern- 
ment commonly left the Colonies practically alone as free 
states to govern themselves in their own way. Still 
they were colonies. The charters enjoined them not to 
infringe the laws of England, and Parliament passed an 
act expressly declaring that all laws, by-laws, usages, 
and customs which should be enforced in any of them 
contrary to any law made, or to be made, in England 
relative to said Colonies, should be utterly void and of 
none effect. Moreover, the power to decide what was 
so contrary the Home government retained in its own 
hands. 

3 1 4. Dual Government. — Thus from the very begin- 
ning the Colonies were subject to two political authorities; 
one their own Colonial governments, the other the Crown 
and Parliament of England. In other words, govern- 
ment was double, partly local and partly general. This 
fact should be particularly noted, for it is the hinge upon 



THE MAKING OF THE GOVERNMENT. 283 

which our present dual or federal system of government 
turns. The American, therefore, as has been said, has 
always had two loyalties and two patriotisms. 

3 1 5. Division of Authority. — In general, the line 
that separated the two jurisdictions was pretty plainly 
marked. It had been traced originally in the charters and 
patents, and afterwards usage, precedent, and legislation 
served to render it the more distinct. The Colonial gov- 
ernments looked after purely Colonial matters; the Home 
government looked after those matters that affected 
the British Empire. The Colonies emphasized one side 
of the double system, the King and Parliament the 
other side. There were frequent disagreements and 
disputes; still the Colonists and the Mother Country 
managed to get on together with a good degree of har- 
mony until Parliament, by introducing a change of 
policy, brought on a conflict that ended in separa- 
tion. 

3 1 6. Causes of Separation. — The right to impose 
and collect duties on imports passing the American cus- 
tom houses, the Home government had from the first as- 
serted and the Colonies conceded. But local internal 
taxation had always been left to the Colonial legislatures. 
Beginning soon after IY6O, or about the close of the war 
with France, which had left the Mother Country burdened 
with a great debt, Parliament began to enforce such 
taxes upon the people directly. These taxes the Colonies 
resisted on the ground that they were imposed by a 
body in which they were not represented or their voice 
heard. Taxation without representation they declared 
to be tyranny. At the same time, the acts relative to 
American navigation were made more rigorous, and 
vigorous measures were taken to enforce them. In 
the meantime the Colonies had greatly increased in 



284 THE GOVERNMENT OF THE UNITED STATES. 

numbers and in wealth, and the idea began to take root 
that such a people, inhabiting such a country, could not 
permanently remain dependent upon England but must 
become an independent power. The Stamp tax was 
one of the objectionable taxes. 

3 1 7. Independence. — The Home government dropped 
or changed some of its obnoxious measures, but still 
adhered to its chosen policy. New and more obnoxious 
measures were adopted, as the Massachusetts Bay Bill 
and the Boston Port Bill. The Congresses of 1765 and 
1774 protested, but to no real purpose. Some of the 
Colonies, like Massachusetts, began to take measures 
looking to their defense against aggression; and the 
attempt of General Gage, commanding the British 
army in Boston, to counteract these measures led to the 
battle of Lexington, April 19, 1775, and immediately 
brought on the Revolutionary war. All attempts at 
composing the differences failing, and the theater of war 
continuing to widen, the American Congress, on July 4, 
1776, cut the ties that bound the Thirteen Colonies to 
England. After eight years of war the British govern- 
ment acknowledged American Independence. 

3 1 8. The Political Effects of Independence. — The 
Declaration of Independence involved two facts of the 
greatest importance. One was the declaration that the 
Colonies were free and independent States, absolved from 
all allegiance to the British crown. The other was the 
formation of the American Union. The original members 
of the Union as States and the Union itself were due to the 
same causes. The language of the Declaration is. "We, 

the representatives of the United States of America, 

in general congress assembled, . . . do, in the name, 
and by the authority, of the good people of these Colo- 
nies, solemnly publish and declare" their independence. 



THE MAKING OF THE GOVERNMENT. 285 

The States took their separate position as a nation 
among the powers of the earth. Thus, before the Rev- 
olution there were Colonies united politically only by 
their common dependence upon England; since the 
Revolution there have been States united more or less 
closely in one federal state or union. 

3 1 9. The Continental Congress. — The body that put 
forth the Declaration of Independence, known in history 
as the Continental Congress, had, in 1775, assumed con- 
trol of the war in defense of American rights. It had 
adopted as a National army the forces that had gathered at 
Boston, had made Washington its commander-in-chief, 
and had done still other things that only governments 
claiming nationality can do. And so it continued to act. 
First the American people, and afterwards foreign gov- 
ernments, recognized the Congress as a National govern- 
ment. But it was a revolutionary government, resting 
upon popular consent or approval, and not upon a writ- 
ten constitution. A government of a more regular and per- 
manent form was called for, and to meet this call Con- 
gress, in 1777, framed a written constitution to which was 
given the name, ''Articles of Confederation and Perpet- 
ual Union." Still Congress had no authority to give this 
constitution effect, and could only send it to the States 
and ask them for their ratifications. Some delay ensued, 
and it was not until March 1, 1781, that the last ratifica- 
tion was secured and the Articles went into operation. 

320. The Confederation. — The government that the 
Articles providedfor was very imperfect in form. It con- 
sisted of but one branch, a legislature of a single house 
called Congress. Such executive powers as the Govern- 
ment possessed were vested in this body. The States ap- 
pointed delegates in such manner as they saw fit, and had 
an equal voice in deciding all questions. Nine States were 



286 THE GOVERNMENT OF THE UNITED STATES. 

necessary to carry the most important measures, and to 
amend the Articles required unanimity. In powers the 
Government was quite as defective as in form. It could 
not enforce its own will upon the people, but was wholly 
dependent upon the States. It could not impose taxes 
or draft men for the army, but only call upon the States 
for money and men ; and if the States refused to furnish 
them, which they often did. Congress had no remedy. 
Much of the disaster and distress attending the war 
grew out of the weakness of Congress, and when peace 
came, the States became still more careless, while Con- 
gress became weaker than ever. Meantime the state of 
the country was as unsatisfactory as that of the Govern- 
ment. The State governments were efficient, but they 
looked almost exclusively to their own interests. Com- 
mercial disorder and distress prevailed throughout the 
country. As early therefore as 1785 the conviction was 
forcing itself upon many men's minds that something 
must be done to strengthen the Government or the Union 
would fall to pieces. 

32 I . Calling of the Federal Convention.— In 1785 
Commissioners representing Virginia and Maryland met 
at Alexandria, in the former State, to frame a compact 
concerning the navigation of the waters that were 
common to the two States. They reported to theii 
respective Legislatures that the two States alone could 
do nothing, but that general action was necessary. The 
next year commissioners representing five States met at 
Annapolis to consider the trade of the country, and 
these commissioners concluded that nothing could be 
done to regulate trade separate and apart from other 
general interests. So they recommended that a general 
convention should be held at Philadelphia to consider 
the situation of the United States, to devise further pro- 



THE MAKING OF THE GOVERNMENT. 287 

visions to render the Articles of Confederation adequate 
to the needs of the Union, and to recommend action that, 
when approved by Congress and ratified by the State 
Legislatures, would effectually provide for the same. 
This recommendation was directed to the Legislatures of 
the five States, but copies of it were sent to Congress 
also and to the Governors of the other eight States. So 
in February, 1787, Congress adopted a resolution invit- 
ing the States to send delegates to such a convention to 
be held in Philadelphia in May following. And the 
Legislatures of all the States but Rhode Island did so. 

322. The Constitntion Framed.— On May 25, 1787, 
the Convention organized, with the election of Washing- 
ton as President. It continued in session until September 
17, when it completed its work and sent our present 
National Constitution, exclusive of the fifteen Amend- 
ments, to Congress. In framing this document great 
difficulties were encountered. Some delegates favored 
a government of three branches; others a government 
of a single branch. Some delegates wanted a legisla- 
ture of two houses; some of only one house. Some 
delegates wished the representation in the houses to 
be according to the population of the States; others 
were determineid that it should be equal, as in the 
Old Congress. Differences as to the powers to be 
exercised by Congress were equally serious. There 
were also controverted questions as to revenue, the 
control of commerce, the slave trade, and many 
other matters. Furthermore, the opinions that the dele- 
gates held were controlled in great degree by State 
considerations. The large States wanted representation 
to be according to population; a majority of the small 
ones insisted that it should be equal. The commercial 
States of the North said Congress should control the 



288 THE GOVERNMENT OF THE UNITED STATES. 

subject of commerce, which the agricultural States of 
the South did not favor. Georgia and the Carolinas 
favored the continuance of the slave trade, to which 
most of the other States were opposed. But progress- 
ively these differences were overcome by adjustment and 
compromise, and, at the end, all of the delegates who 
remained but three signed their names to the Constitu- 
tion, while all the States that were then represented 
voted for its adoption. What had been done, however, 
was to frame a new constitution and not to patch up 
the old one. The body that framed it is called the Fed- 
eral Convention. 

323. The Constitution Ratified. — The Convention 
had no authority to make a new constitution, but only to 
recommend changes in the old one. So on the comple- 
tion of its work, it sent the document that it had framed 
to Congress with some recommendations. One of these 
was that Congress should send the Constitution to the 
States, with a recommendation that the Legislatures 
should submit it to State conventions to be chosen 
by the people, for their ratification. Congress took 
such action, and the States, with the exception ot 
Rhode Island, took the necessary steps to carry out 
the plan. - Ultimately every State in the Union ratified 
the Constitution ; but North Carolina and Rhode Island 
did not do so until the new Government had been some 
time in operation. Nor was this end secured in several 
of the other States, as Massachusetts, New York, and 
Virginia, without great opposition. 

324. Friends and Enemies of the Constitution. — 
Those who favored the ratification of the Constitution 
have been divided into these classes: (1) Those who saw 
that it was the admirable system that time has proved it 
to be; (2) those who thought it imperfect but still be- 



THE MAKING OF THE GOVERNMENT. 289 

lieved it to be the best attainable government under the 
circumstances; (3) the mercantile and commercial classes 
generally, who believed that it would put the industries 
and trade of the country on a solid basis. Those who 
opposed it have been thus divided: (1) Those who re- 
sisted any enlargement of the National Government, for 
any reason; (2) those who feared that their importance 
as politicians would be diminished; (3) those who feared 
that public liberty and the rights of the States would be 
put in danger; (4)those who were opposed to vigorous 
government of any kind, State or National.^ 

325. The New Government Inaugurated. — The 
new Constitution was to take effect as soon as nine States 
had ratified it, its operation to be limited to the number 
ratifying. When this condition had been complied with, 
the Continental Congress enacted the legislation neces- 
sary to set the wheels of the new Government in motion. 
It fixed a day for the appointment of Presidential Elec- 
tors by the States, a day for the Electors to meet and cast 
their votes for President and Vice-President, and a day 
for the meeting of the new Congress. The day fixed upon 
for Congress to meet was March 4, 1789; but a quorum 
of the House of Representatives was not secured until 
April 1, and of the Senate not until April 6, owing to 
various causes. On the second of these dates the Houses 
met in joint convention to witness the counting of the 
Electoral votes. Washington was declared elected Pres- 
ident, John Adams Vice-President. Messengers were 
at once sent to the President- and Vice-President-elect 
summoning them to New York, which was then the 
seat of government. Here Washington was inaugurated 
April 30. The Legislative and Executive branches of 
the Government were now in motion. 

iG. T. Curtis: History of the Constitution, Vol. II, pp. 495, 496. 



CHAPTER XXIV. 

AMENDMENTS MADE TO THE CONSTITUTION. 

The American Government. Sections 457-4.60; 467-4.74; 53^537; 
604-607; 623-652. 

It was anticipated that amendments to the Constitu- 
tion would be found necessary, and a method was ac- 
cordingly provided for making them. This method em- 
braces the two steps that will now be described. 

326. Proposing an Amendment. — This may be done 
in either of two ways. First, Congress may propose an 
amendment by a two-thirds vote of each House; sec- 
ondly. Congress shall, on the application of the Legisla- 
tures of two-thirds of the States, call a convention of 
the States for that purpose. The first way is evidently 
the simpler and more direct of the two, and it is the one 
that has always been followed. 

327. Ratifying an Amendment. — This also may be 
done in one of two ways. One is to submit the amend- 
ment to the Legislatures of the States, and it becomes a 
part of the Constitution when it is ratified by three- 
fourths of them. The other way is to submit the amend- 
ment to conventions of the States, and it becomes binding 
when three-fourths of such conventions have given it their 
approval. Congress determines which of the two ways 
shall be adopted. The first is the simpler and more 
direct, and it has been followed in every instance. 

328. Amendments I-X. — One of the principal ob- 
jections urged against the Constitution when its ratifica- 
tion was pending in 1787-88, was the fact that it lacked 
a bill of rights. Such a bill, it may be observed, is a 

290 



AMENDMENTS MADE TO THE CONSTITUTION. 2gi 

Statement of political principles and maxims. The States 
had fallen into the habit of inserting such bills in their 
constitutions. At its first session, Congress undertook to 
remedy this defect. It proposed twelve amendments, ten 
of which were declared duly ratified, December 15, 1791. 
These amendments, numbered I to X, are often spoken 
of as a bill of rights. 

329. Amendment XI. — Article III of the Constitu- 
tion made any State of the Union suable by the citizens of 
the other States and by citizens or subjects of foreign 
states. (See section 2, clause 1.) This was obnoxious 
to some of the States, and when such citizens began to 
exercise their right of suing States a movement was set 
on foot to change the Constitution in this respect. An 
amendment having this effect was duly proposed, and 
was declared ratified January 8, 1798. 

330. Amendment XII.— According to the original 
Constitution, the members of the Electoral colleges cast 
both their ballots for President and neither one for Vice- 
President. The rule was that the candidate having most 
votes should be President, and the one having the 
next larger number Vice-President, provided in both 
cases it was a majority of all the Electors. In 1800 it 
happened that Thomas Jefferson and Aaron Burr had 
each an equal number of votes and a majority of all. 
The Democratic-Republican party, to which they be- 
longed, had intended Jefferson for the first place and 
Burr for the second. The election went to the House 
of Representatives, and was attended by great excite- 
ment. Steps were taken to prevent a repetition of such 
a dead-lock. This was accomplished by an amendment 
declared ratified September 25, 1804. 

33 I . Amendm.ent XIII. — Slavery was the immediate 
exciting cause of the Civil War, 1861-65. In the course 



292 THE GOVERNMENT OF THE UNITED STATES. 

of the war President Lincoln, acting as commander-in- 
chief of the army and navy of the United States, declared 
all the slaves held in States and parts of States that were 
engaged in the war against the Union free. The other 
Slave States, Delaware, Maryland, Kentucky, Tennes- 
see, and Missouri, and parts of Louisiana and Virginia, 
his power did not reach as they were not in rebellion. 
The conviction grew strong throughout the country that 
slavery should not survive the war. This conviction 
asserted itself in Amendment XIII, which took effect 
December 18, 1865. 

332. Amendment XIV. — At the close of the Civil 
War Congress was called upon to deal with the im- 
portant question of readjusting the States that had 
seceded from the Union. It was thought necessary to 
incorporate certain new provisions into the Constitution. 
So an elaborate amendment was prepared and duly rati- 
fied. It was declared in force July 28, 1868. The most 
far-reaching of the new provisions were those in relation 
to citizenship contained in the first section. 

333. Amendment XV. — Down to 1870 the States 
had fixed the qualifications of their citizens for voting to 
suit themselves. At that time most of the States, and 
all of the Southern States, denied suffrage to the negroes. 
The emancipation of the slaves, together with Amend- 
ment XIV, made the negroes citizens of the United 
States and of the States where they resided. But 
the negroes had no political power, and so no direct 
means of defending their civil rights. To remedy this 
state of things a new amendment was proposed and 
ratified, bearing the date of March 30, 1870. It declared 
that the right of citizens to vote should not be abridged^ 
either by the United States or by any State, on account 
of race, color, or previous condition of servitude. 



i 



CHAPTER XXV. 

THE SOURCE AND NATURE OF THE GOVERNMENT. 

The American Government. Sections 22^^-262', 610-613; 615-620; 
655-658; 773-782. 

The source of the Government of the United States, 
and some of its leading features, are either stated or 
suggested in the first paragraph of the Constitution. 
This paragraph is commonly called the Preamble, but it 
is really an enacting clause, since it gives the instrument 
its wh^le force and validity. 

334. The Preamble. — ''We, the people of the 
United States, in order to form a more perfect union, 
establish justice, insure domestic tranquillity, provide for 
the common defense, promote the general welfare, and 
secure the blessings of liberty to ourselves and our 
posterity, do ordain and establish this Constitution for 
the United States of America." 

The following propositions are either asserted or im- 
plied in this language : — 

1. The Government proceeds from the people of the 
United States. They ordain and establish it. It is 
therefore: a government of the people, by the people, 
and for the people. 

2. The ends for which it is ordained and established 
are declared. It is to form a more perfect union, estab- 
lish justice, etc. 

3. It is a constitutional government. It rests upon a 
written fundamental law. On the one part it is opposed 

293 



294 THE GOVERNMENT OF THE UNITED STATES. 

to an absolute government, or one left to determine its 
own powers, like that of Russia ; and on the other, it is 
opposed to a government having an unwritten consti- 
tution, consisting of maxims, precedents, and charters, 
like that of England. 

4. The terms Union and United States suggest that 
it is a federal government. The peculiarity of a federal 
state is that local powers are entrusted to local author- 
ities, while general powers are entrusted to general or 
national authorities. How this division of powers orig- 
inated, and how it affected the country in 1785-1789, 
was pointed out in the last chapter. The government 
of a State has been described in Part II. of this work. 
Part III. is devoted to the Government that is over all 
the States. 

5. The same terms suggest that the Government is 
one of enumerated powers. It must be remembered 
that when the Constitution was framed thirteen State 
governments were already in existence, and that no one 
dreamed of destroying them or of consolidating them 
into one system. The purpose was rather to delegate 
to the new Government such powers as were thought 
necessary to secure the ends named in the Preamble, 
and to leave to the States the powers that were not 
delegated, unless the contrary was directly specified. 

335. The Constitution in Outline. — The Constitu- 
tion is divided into seven Articles, which are again 
divided into sections and clauses. 

Article I. relates to the Legislative power. 

Article II. relates to the Executive power. 

Article III. relates to the Judicial power. 

Article IV. relates to several subjects, as the rights 
and privileges of citizens of a State in other States, the 
surrender of fugitives from justice, the admission of 



SOURCE AND NATURE OF THE GOVERNMENT. 295 

new States to the Union, the government of the National 
territory, and a guarantee of a republican form of 
government to every State. 

Article V., a single clause, relates to the mode of 
amending the Constitution. 

Article VI. relates to the National debt and other 
engagements contracted previous to 1789 and the su- 
premacy of the National Constitution and laws. 

Article VII., consisting of a single sentence, pre- 
scribes the manner in which the Constitution should be 
ratified, and the time when it should take effect. 

The fifteen Amendments relate to a variety of sub- 
jects, as has been explained in Chapter XXIV. 

336. The Three Departments. — It has been seen that 
the Constitution distributes the powers of government 
among three departments, which it also ordains and 
establishes. This was done partly to secure greater 
ease and efficiency of working, and partly as a safe- 
guard to the public liberties. Absolute governments 
are simple in construction, concentrating power in the 
hands of one person, or of a few persons; while free 
governments tend to division and separation of powers. 
In the words of Mr. Madison: *'The accumulation of 
all powers, legislative, executive, and judiciary in the 
same hands, whether of one, a few, or many, and 
whether hereditary, self appointed, or elective, may 
justly be pronounced the very definition of tyranny."^ 

1 The Federalist, No. 47. 



CHAPTER XXVI. 

THE COMPOSITION OF CONGRESS AND THE ELECTION OF 
ITS MEMBERS. 

The American Government. Sections 263-301; 32^-330. 

337. Congress a Dual Body. — From an early time, 
the English Parliament has consisted of two chambers, 
the House of Commons and the House of Lords. Such a 
legislature is called bicameral, as opposed to one that is 
unicameral. The words mean consisting of two cham- 
bers and of one chamber. The great advantage of a 
bicameral legislature is that it secures fuller and more 
deliberate consideration of business. One house acts 
as a check or balance to the other; or, as Washing- 
ton once put it, tea cools in being poured from 
the cup into the saucer. Countries that English- 
men have founded have commonly followed the example 
of the Mother Country in respect to the duality of their 
legislatures. Such was the case with the Thirteen 
Colonies, but such was not the case with the American 
Confederation from 1775 to 1789. In the Convention 
that framed the Constitution, the question arose whether 
the example of England and of the Colonies, or the 
example of the Confederation, should be followed. It 
wasfinally decided that all the legislative powers granted 
to the new Government should be vested in a Congress 

296 



CONGRESS AND ELECTION OF ITS MEMBERS. 297 

which should consist of a Senate and a House of Repre- 
sentatives. 

338. Composition of the Two Houses. — The House 
of Representatives is composed of members who are 
apportioned to the several States according to their 
respective numbers of population, and are elected for 
two years by the people of the States. The Senate is 
composed of two Senators from each State who are 
chosen by the Legislatures thereof, and each Senator 
has one vote. 

The composition of Congress at first sharply divided 
the Federal Convention. Some members wanted only 
one house. Others wanted two houses. Some members 
were determined that the States should be represented 
in the new Congress equally, as had been the case in the 
old one. Others were determined that representation 
should be according to population. These controversies 
were finally adjusted by making two houses, in one 
of which representation should be equal and in the other 
proportional. This arrangement explains why New 
York and Nevada have each two Senators, while they 
have respectively thirty-seven members and one member 
in the House of Representatives. This equality of 
representation in the Senate is the most unchangeable 
part of the National Government. The Constitution 
expressly provides that no State shall, without its own 
consent, ever be deprived of its equal suffrage in the 
Senate, which is equivalent to saying that it shall never 
be done at all. No such provision is found in relation 
to any other subject. 

339. Qualifications of Representatives and Sena- 
tors. — A Representative must be twenty-five years old, 
and must be a citizen of the United States of at least 



298 THE GOVERNMENT OF THE UNITED STATES. 

seven years' standing. A Senator must be thirty years of 
age and must be nine years a citizen. The Representative 
and the Senator alike must be an inhabitant of the State in 
which he is elected or for which he is chosen. Previous 
absence from the State, even if protracted, as in the case 
of a public minister or consul to a foreign country, or a 
traveler, does not unfit a man to sit in either house. 
Representatives are not required by law to reside in 
their districts, but such is the custom. 

No person can be a Senator or Representative, or an 
Elector of President and Vice-President, or hold any 
office, civil or military, under the United States, or 
under any State, who having once taken an oath as a 
member of Congress, or as an officer of the United 
States, or as a member of any State Legislature, or as 
an Executive or Judicial officer of any State, to support 
the Constitution of the United States, has afterwards 
engaged in insurrection or rebellion against the same, or 
given assistance to their enemies. But Congress may 
remove this disability by a two-thirds vote of each 
house. 

340. Regulation of Elections. — The times, places, 
and manner of electing Senators and Representatives are 
left, in the first instance, to the Legislatures of the States, 
but they are so left subject to the following rule: *' Con- 
gress may, at any time, by law, make or alter such reg- 
ulations, except as to the places of choosing Senators." 
Defending this rule in 1788, Mr. Hamilton said: ''Every 
government ought to contain in itself the means of its 
own preservation; while it is perfectly plain that the 
States, or a majority of them, by failing to make the 
necessary regulations, or by making improper ones, could 
break up or prevent the first elections of the Houses of 



CONGRESS AND ELECTION OF ITS MEMBERS. 299 

Congress. " The right to name the places where Senators 
shall be chosen is denied to Congress for a very sufficient 
reason. If Congress possessed that power it could deter- 
mine, or at least largely influence, the location of the State 
capitals. 

341. Elections of Senators. — Previous to 1866, the 
Legislature of every State conducted these elections as it 
pleased. Sometimes the two houses met in joint con- 
vention, a majority of the whole body determining the 
choice. Sometimes the two houses voted separately, a 
majority of each house being required to elect. It is 
Dbvious that the two methods might operate very differ- 
ently. If the same political party had a majority in 
both houses, the result would probably be the same in 
either case; but if the two houses were controlled by 
different parties, then the party having the majority of 
votes on a joint ballot would probably elect the Senator. 
If the second plan was followed, and the two houses 
differed in regard to a choice, there were delays, and elec- 
tions were sometimes attended by serious scandals. So 
Congress, in 1866, passed a law providing that the Legis- 
lature next preceding the expiration of a Senator's term, 
in any State, shall, on the second Tuesday after its 
meeting and organization, proceed to elect a Senator in 
the following manner: — 

1. Each house votes, viva voce, for Senator. The next 
day at twelve o'clock the two houses meet in joint 
session, and if it appears from the reading of the journals 
of the previous day's proceedings that the same person 
has received a majority of all the votes cast in each 
house, he is declared duly elected. 

2. If no election has been made, the joint assembly 
proceeds to vote, viva voce, for Senator, and if any 



300 THE GOVERNMENT OF THE UNITED STATES. 

person receive a majority of all the votes of the joint 
assembly, a majority of all the members elected to both 
houses being present and voting, such person is declared 
duly elected. 

3. If a choice is not made on this day, then the two 
houses must meet in joint assembly each succeeding day 
at the same hour, and must take at least one vote, as 
before, until a Senator is elected or the Legislature ad- 
journs. 

4. If a vacancy exists on the meeting of the Legislature 
of any State, said Legislature must proceed, on the 
second Tuesday after its meeting and organization, to 
fill such vacancy in the same manner as in the previous 
case; and if a vacancy occur when the session is in prog- 
ress, the Legislature must proceed, as before, to elect 
on the second Tuesday after they have received notice 
of the vacancy. 

342. Vacancies. — When a vacancy occurs in the 
recess of the Legislature of a State, owing to death or 
other cause, the Governor makes an appointment that 
continues until the next meeting of the Legislature, when 
the vacancy is filled in the usual manner. In all cases 
of vacancies the appointed or newly elected Senator 
only fills out the term of his predecessor. 

343. Division of Senators. — The Senators are 
equally divided, or as nearly so as may be, into three 
classes with respect to the expiration of their terms, as 
follows: 

Class 1, 1791, 1191 1893, 1899 

Class 2, 1793, 1799 1895, 1901 

Class 3, 1795, 1801 1897, 1903 

The two Senators from a State are never put in the 
same class; and as the terms of the first Senators from 
a State now admitted to the Union expire with the terms 



CONGRESS AND ELECTION OF ITS MEMBERS. 3OI 

of the classes to which they are assigned, one or both of 
them may serve less than the full term of six years. 

344. Electors of Representatives. — The persons 
who may vote for the most numerous branch of the State 
Legislature in any State, or the house of representatives, 
may also vote for members of the National House of Rep- 
resentatives. Usually, however, a State has only one rule 
of suffrage; that is, a person who may vote for members 
of the lower house of the State Legislature may vote 
also for all State and local officers. Practically, there- 
fore, the rule is that State electors are National electors; 
or, in other words, the Constitution adopts for its 
purposes the whole body of the State electors, whoever 
they may be. In Wyoming, Colorado, Idaho, and Utah 
women vote on the same terms and conditions as men. 
But in most of the States only males twenty-one years 
of age and upwards, having certain prescribed qualifica- 
tions, are permitted to vote. In Massachusetts, Missis- 
sippi, and many other States, there is an educational 
qualification for the suffrage. 

345. Apportionment of Representatives in the 
Constitution. — The Constitution provides that members 
of the House of Representatives shall be apportioned 
among the several States according to their respective 
numbers. The original rule for determining these num- 
bers was that all free persons, including apprentices or 
persons bound to service for a term of years, but excluding 
Indians not taxed (or Indians living in tribal relations), 
and three-fifths of all other persons, should be counted. 
The ''other persons" were the slaves. The abolition 
of slavery and the practical disappearance of apprentice- 
ship have considerably simplified matters. The Four- 
teenth Amendment to the Constitution provides that 
Representatives shall be apportioned according to 



302 THE GOVERNMENT OF THE UNITED STATES, 

population, counting the whole number of persons in a 
State, excluding Indians who are not taxed. This rule is 
applied to the people of the States regardless of age, 
sex, color, or condition. The Constitution further pro- 
vides that the number of Representatives shall not 
exceed one for every 30,000 people, but that every State 
shall have one Representative regardless of popula- 
tion. 

346. The Census.— The Constitution of 1787 fixed 
the number of members of the House of Representatives 
at 65, and apportioned them among the States as best it 
could, using the information in respect to population that 
was accessible. It also provided that an actual enumera- 
tion of the people should be made within three years of 
the first meeting of Congress, and that it should be re- 
peated thereafter within every period of ten years. This 
enumeration was also called the census. In conformity 
with this provision, decennial censuses of the United 
States have been taken in 1790, 1800, 1810, etc. 

347. Method of Apportionments.— The decennial 
apportionment of members of the House is made by Con- 
gress, and that body has performed the duty in different 
ways. The apportionment of 1893 was made in the fol- 
lowing manner: First, the House was conditionally made 
to consist of 356 members. Next, the population of the 
country, not counting the Territories, was divided by 
this number, which gave a ratio of 173,901. The popu- 
lation of every State was then divided by this ratio and 
the quotients added, giving 339. The numbers of Repre- 
sentatives indicated by these quotients were then assigned 
to the several States, and one Representative each in 
addition to the seventeen States having fractions larger 
than one-half the ratio, thus making the original num- 
ber, 356. 



CONGRESS AND ELECTION OF ITS MEMBERS. 3O3 

When a new State comes into the Union, its Rep- 
resentative or Representatives are added to the number 
previously constituting the House. ^ 

348. Elections of Representatives. — For fifty 
years Congress allowed the States to elect their Represen- 
tatives in their own way. The State Legislatures fixed 
the times and the places and regulated the manner of 
holding the elections; the elections were conducted with- 
out any regulation or control whatever being exercised 
by the National Government. Very naturally there were 
considerable differences of practice. Congress has now 
exercised its power of regulation in three points: 

1. In 1842 Congress provided by law that, in^ every 
case where a State was entitled to more than one 
Representative, the members to which it was entitled 
should be elected by districts composed of contiguous 
territory equal in number to the number of Representa- 
tives to be chosen, no district electing more than one. 
It is, however, provided that when the number of Repre- 
sentatives to which a State is entitled has been diminished 
at any decennial apportionment, and the State Legislature 
has failed to make the districting conform to the change, 

* The Numbers of the House and the Ratios of Representation 
are set down in the following table, with the period: 

Period. Size of House. Ratio. 

1789-1793 65 

1793-1803 105 33,000 

1803-1813 141 33,000 

1813-1823 181 35,000 

1823-1833 212 40,000 

1833-1843 240 47.700 

1843-1853 223 70,680 

1853-1863 234 93,503 

1863-1873 241 127,941 

1873-1883 292 .-. 130,533 

1883-1893 332 151,911 

1893-1903 356 178,901 

1903-1913 386 194,182 



304 THE GOVERNMENT OF THE UNITED STATES. 

the whole number shall be chosen by the State as a unit 
and not by districts. It is also provided that if the 
number apportioned to any State is increased, and the 
Legislature fails to district the State, the old districting 
shall stand, but that the additional member or members 
shall be elected by the State as a whole. Representa- 
tives elected on a general ticket, and not by district 
tickets, from States having more than one member, are 
called Representatives-at-large. Since 1872 Congress 
has prescribed that the districts in a State must, as nearly 
as practicable, contain an equal number of inhabitants. 
Congress has never constituted the Congressional dis- 
tricts, as they are called, but has always left that duty to 
the State Legislatures. As a rule the division of the States 
into districts, when once made, is allowed to stand for 
ten years, or until a new apportionment is made; but not 
unfrequently it is changed, or the State is re- districted, 
as the saying is, for the sake of obtaining some political 
advantage. The operation called "gerrymandering"^ 
is only too well known in American history. 

2. In 1871 Congress enacted that all votes for Repre- 
sentatives should be by printed ballots, but since 1899 
voting machines also have been allowed. 

3. In 1872 Congress prescribed that the elections should 
be held on the Tuesday next after the first Monday in 
November in every even numbered year, 1874, 1876 .... 
1896, 1898, etc. Later legislation exempted from the 

^The Century Dictionary gives the following history of this 
word: '■'■Gerrymander. In humorous imitation oi Salamander, from 
a fancied resemblance of this animal to a map of one of the districts 
formed in the redistricting of Massachusetts by the lyCgislature in 
1811, when Blbridge Gerry was Governor. The districting was 
intended (it was believed, at the instigation of Gerry), to secure 
unfairly the election of a majority of Democratic Senators. It is 
now known, however, that he was opposed to the measure." 



CONGRESS AND ELECTION OF ITS MEMBERS. 305 

Operation of this rule such States as had prescribed a 
different day in their constitutions. Accordingly Oregon 
elects her Representatives the first Monday of June, 
Vermont hers the first Tuesday of September, and Maine 
hers the second Monday of the same month. 

In nearly every case, if not indeed in every one, the 
State elects State officers at the same time that the 
elections of the National House of Representatives are 
held. Moreover, the elections of Representatives are con- 
ducted by the same officers that conduct the State elec- 
tions. These officers count the votes and make the 
returns required by law. The Representative receives 
his certificate of election from the Governor of his State. 
If a vacancy occurs in any State, owing to any cause, 
the Governor issues a proclamation, called a writ of elec- 
tion, appointing a special election to fill the vacancy. 

349. Compensation of Members of Congress. — 
Senators and Representatives receive a compensation 
from the Treasury of the United States. Congress fixes 
by law the pay of its own members, subject only to the 
President's veto.^ 

1 The compensation at different times is exhibited in the follow- 
ing table : 

1789-1815 $ 6.00 a day. 

1815-1817. 1500.00 a year. 

1817-1855 8.00 a day. 

1855-1865 3000.00 a year. 

1865-1871 5000.00 a year. 

1871-1873 7500.00 a year. 

1873-1907 5000.00 a year. 

1907- 7500.00 a year. 

Save for a period of only two years, Senators and Representa- 
tives have always i-eceived a mileage or traveling allowance. At 
present this allowance is twenty cents a mile for the necessary dis- 
tance traveled in going to and returning from the seat of govern- 
ment. The Vice-President and the Speaker of the House of 
Representatives now receive each a salary of i^ 12,000 a year. 



306 THE GOVERNMENT OF THE UNITED STATES. 

350. Privileges of Members of Congress. — In all 
cases but treason, felony, and breach of the peace, Sen- 
ators and Representatives are exempt from arrest during 
their attendance at the session of their respective houses 
and in going to and returning from the same. In other 
words, unless he is charged with one or more of the 
grave offenses just named, a member of either house 
cannot be arrested from the time he leaves his home to 
attend a session of Congress until he returns to it. 
Further, a Senator or Representative cannot be held 
responsible in any other place for any words that he may 
speak in any speech or debate in the house to which he 
belongs. This rule protects him against prosecution in 
the courts, even if his words are slanderous. Still more, 
speeches or debates, when published in the official report 
called "The Congressional Record," are also privileged 
matter, and the speakers cannot be held accountable for 
libel. This freedom froni arrest and this exemption 
from responsibility in respect to words spoken in the 
discharge of public duty, are not privileges accorded to 
the Senator and Representative in their own interest 
and for their own sake, but rather in the interest and for 
the sake of the people whom they represent. If they 
were liable to arrest for any trivial offense, or if they 
could be made to answer in a court of law for what they 
might say on the floor of Congress, the business of the 
country might be interfered with most seriously. The 
rights of legislative bodies must be rigidly maintained. 
The one rule given above is necessary to protect the 
freedom of representation, the other to protect the free- 
dom of debate. 

35 1 . Prohibitions Placed Upon Members of Con- 
gress. — No Senator or Representative can, during the 
time for which he was elected, be appointed to any civil 



CONGRESS AND ELECTION OF ITS MEMBERS. 307 

office under the United States that is created, or the pay 
of which is increased, during such time. Appointments to 
many offices, and to all of the most important ones, are 
made by the President with the advice and consent of the 
Senate. Moreover, the President is always interested 
in the fate of measures that are pending before Congress, 
or are likely to be introduced into it. There is accord- 
ingly a certain probability that, if he were at liberty to 
do so, the President would enter into bargains with 
members of Congress, they giving him their votes and 
he rewarding them with offices created or rendered more 
lucrative for that very purpose. This would open up a 
great source of corruption. A Senator or Representa- 
tive may, however, be appointed to any office that ex- 
isted at the time of his election to Congress, provided 
the compensation has not been since increased. Still 
he cannot hold such office while a member of Congress. 
On the other hand, the Constitution expressly declares: 
**No person holding any office under the United States 
shall be a member of either house during his continu- 
ance in office." 

352. Length of Congress. — The term Congress, is 
used in two senses. It is the name of the National 
Legislature as a single body, and it is also the name of so 
much of the continuous life of that body as falls within 
the full term of office of the Representative. We speak 
of Congress, and of a Congress. Thus there are a First, 
Second, .... and Fifty-fourth Congress, filling 

the periods IVSO-I'ZQI, 1791-1793 

1895-1897. The length of a Congress was fixed when 
the Convention of 1787 made the Representative's term 
two years. The time of its beginning and ending was 
due to an accident. The Old Congress provided in 1788 
for setting the new Government in operation; it named 



308 THE GOVERNMENT OF THE UNITED STATES. 

the first Wednesday of March, 1789, as the day when 
the two Houses of Congress should first assemble, which 
happened to be the fourth day of that month. Thus a 
point of beginning was fixed and, as the rule has never 
been changed, our Congresses continue to come and go 
on the fourth of March of every other year. The pres- 
ent procedure is as follows: Representatives are chosen 
in November of every even year, 1892, 1894, 1896, while 
their terms, and so the successive Congresses, begin on 
March 4 of every odd numbered year, 1893, 1895, 1897. 

While Representatives come and go together at in- 
tervals of two years. Senators come and go in thirds at 
the same intervals. The result is that while a House of 
Representatives lasts but two years, the Senate is a per- 
petual body. 

353. Meeting of Congress. — Congress must assem- 
ble at least once every year, and such meeting is on the 
first Monday of December, unless by law it names 
another day. Hence every Congress holds two regular 
sessions. Furthermore, Congress may by law provide 
for special sessions, or it may hold adjourned sessions, 
or the President, if he thinks it necessary, may call the 
houses together in special session. As a matter of fact, 
all of these things have been done at different times. As 
the law now stands the first regular session of Congress 
begins on the first Monday of December following the 
beginning of the Representative's term, and it may 
continue until the beginning of the next regular session, 
and commonly does continue until midsummer. The 
second regular session begins the first Monday of 
December, but can continue only until March 4 of the 
next year, or until the expiration of the Representative's 
term. It is the custom to call these the long and the 
short sessions. 



CHAPTER XXVII. 

THE ORGANIZATION OF CONGRESS AND ITS METHOD 
OF DOING BUSINESS. 

The American Government. Sections 27s: ^93-294; 3^2-323; 

331-340- 

354. Officers of the Senate. — The Vice-President of 
the United States is President of the Senate, but has no 
vote unless the Senators are equally divided. The 
Senate chooses its other officers, the Secretary, Chief 
Clerk, Executive Clerk, Sergeant-at-Arms, Door Keeper, 
and Chaplain. The duties of these officers are indicated 
by their titles. The Senators also choose one of their 
number President pro tempore, who presides in the 
absence of the Vice-President or when he has succeeded 
to the office of President. The Senate is a perpetual 
body, and is ordinarily fully organized, although not in 
actual session, at any given time. 

355. Officers of the House of Representatives. — 
The House chooses one of its members Speaker, who pre- 
sides over its proceedings. It also chooses persons who 
are not members to fill the other offices, the Clerk, 
Sergeant-at-Arms, Postmaster, and Chaplain. The 
Speaker has the right to vote on all questions, and must 
do so when his vote is needed to decide the question 
that is pending. He appoints all committees, designat- 
ing their chairmen, and is himself chairman of the 
important Committee on Rules. His powers are very 
great, and he is sometimes said to exercise as much 

309 



310 THE GOVERNMENT OF THE UNITED STATES. 

influence over the course of the Government as the 
President himself. The Speaker's powers cease with 
the death of the House that elects him, but the Clerk 
holds over until the Speaker and Clerk of the next House 
are elected, on which occasions he presides. It is com- 
mon to elect an ex-member of the House Clerk. 

356. The Houses Judges of the Election of their 
Members. — The Houses are the exclusive judges of the 
elections, returns, and qualifications of their members; 
that is, if the question arises whether a member has been 
duly elected, or whether the returns have been legally 
made, or whether the member himself is qualified, the 
house to which he belongs decides it. In the House of 
Representatives contested elections, as they are called, 
are frequent. As stated before, the Governor of the 
State gives the Representative his certificate of elec- 
tion, which is duly forwarded to Washington addressed 
to the Clerk of the House next preceding the one in 
which the Representative claims a seat. The Clerk 
makes a roll of the names of those who hold regular 
certificates, and all such persons are admitted to take 
part in the organization of the House when it convenes. 
Still such certificate and admission settle nothing when 
a contestant appears to claim the seat. The House may 
then investigate the whole case from its very beginning, 
and confirm the right of the sitting member to the seat, 
or exclude him and admit the contestant, or declare the 
seat vacant altogether if it is found that there has been no 
legal election. In the last case, there must be a new 
election to fill the vacancy. The Governor of the State 
also certifies the election of the Senator. A Senator- 
elect appearing with regular credentials is admitted to 
be sworn and to enter upon his duties, but the Senate 
is still at liberty to inquire into his election and qualifi- 



THE ORGANIZATION OF CONGRESS. 3 II 

cations, and to exclude him from his seat if, in its judg- 
ment, the facts justify such action. In respect to 
qualifications, it maybe said that persons claiming seats, 
or occupying them, have been pronounced disqualified 
because they were too young, or because they had not 
been naturalized a sufficient time, or because they have 
been guilty of some misconduct. From the decision of 
the Houses in such cases there is no appeal. 

357. Quorums. — The Houses cannot do business 
without a quorum, which is a majority of all the members; 
but a smaller number may adjourn from day to day, and 
may compel the attendance of absent members. Whether 
a quorum is present in the House of Representatives or 
not, is determined by the roll-call or by the Speaker's 
count. If a quorum is not present, the House either 
adjourns or it proceeds, by the method known as the call 
of the House, to compel the attendance of absentees. 
In the latter case officers are sent out armed with writs 
to arrest members and bring them into the chamber. 
When a quorum is obtained, the call is dispensed with 
and business proceeds as before. In several recent Con- 
gresses a rule has prevailed allowing the names of 
members who were present but who refused to vote to 
be counted, if necessary, for the purpose of making a 
quorum. 

358. Rules of Proceedings. — Each house makes its 
own rules for the transaction of business. The rules of 
the Senate continue in force until they are changed, but 
those of the House of Representatives are adopted at 
each successive Congress. Still there is little change 
even here from Congress to Congress. Owing to the 
greater size of the body, the rules of the House are 
much more complex than the rules of the Senate. The 
rules of both Houses, like the rules of all legislative 



312 THE GOVERNMENT OF THE UNITED STATES. 

assemblies in English-speaking countries, rest ultimately 
upon what is known as Parliamentary Law, which is 
the general code of rules that has been progressively 
developed by the English Parliament to govern the 
transaction of its business. Still many changes and 
modifications of this law have been found necessary, t(7 
adapt it to the purposes of Congress, and especially oi 
the House of Representatives. 

359. Power to Punish Members. — The House? 
may punish members for disorderly behavior, and by a 
vote of two-thirds may expel members. These necessary 
powers have been exercised not unfrequently. In 1842 
the House of Representatives reprimanded J. R. Gid^ 
dings, of Ohio, for introducing some resolutions in rela- 
tion to slavery; while the Senate in 1797 expelled William 
Blount, of Tennessee, for violating the neutrality laws, 
and in 1863 Mr. Bright, of Indiana, for expressing sym- 
pathy with the Southern secessionists. From the deci- 
sions of the Houses in such cases there is no appeal. 

360. Journals and Voting. — The Houses are re- 
quired to keep a full history of their proceedings in 
records called journals, and to publish the same except 
such parts as in their judgment require secrecy. But as 
the House of Representatives always sits with open 
doors, the provision in respect to secrecy has no practical 
effect in that body. It is also null in the Senate except 
in executive sessions. These are secret sessions held for 
the transaction of special business sent to the Senate by 
the President, as the consideration of treaties and nomi- 
nations. The yeas and nays must be called, and must be 
entered on the journal, when such demand is made by 
one-fifth of the members present. The object of these 
rules is to secure full publicity in regard to what is done 
in Congress. On the call of the roll, which is the only 



THE ORGANIZATION OF CONGRESS. 313 

form of voting known in the Senate, members are entered 
as voting yea or nay, as absent or not voting. In 
the House votes are taken in three other ways: by 
the viva voce method, the members answering aye or no 
when the two sides of the question are put; by the mem- 
bers standing until the presiding officer counts them; 
by the members passing between two men called tellers, 
who count them and report the numbers of those voting 
on the one side and on the other, to the Chair. 

36 I . Mode of Legislating. — A bill is a written or 
printed paper that its author proposes shall be enacted 
into a law. Every bill that becomes a law of the United 
States must first pass both Houses of Congress by ma- 
jority votes of quorums of their members. Still more, 
this must be done according to the manner prescribed by 
the rules, which on this subject are very minute. For 
example, no bill or joint resolution can pass either house 
until it has been read three times, and once at least in full 
in the open house. The presiding officers of the two 
Houses certify the passage of bills by their signatures. 
When a bill has thus passed Congress it is sent to the 
President for his action, who may do any one of three 
things with it. 

362. Action of the President. — 1. The President 
may approve the bill, in which case he signs it and it 
becomes a law. 

2. He may disapprove the bill, in which case he sends 
it back to the house that first passed it, or in which it 
originated, with his objections stated in a written mes- 
sage. In such case he is said to veto it. This house 
now enters the message in full on its journal and pro- 
ceeds to reconsider the bill. If two-thirds of the mem- 
bers, on reconsideration, vote to pass the bill, it is 
sent to the other house, which also enters the message 



314 THE GOVERNMENT OF THE UNITED STATES. 

on its journal and proceeds to reconsider. If two-thirds 
of this house also vote for the bill, it becomes a law 
notwithstanding the President's objections. The bill is 
now said to pass over the President's veto. In voting 
on vetoed bills the Houses must vote by yeas and nays, 
and the names of those voting are entered on the journal. 
If the house to which the bill is returned fails to give it a 
two-thirds vote, the matter goes no farther; if the second 
one fails to give it such vote, the failure is also fatal. 
In either case the President's veto is said to be sustained. 

3. The President may keep the bill in his possession, 
refusing either to approve or disapprove it. In this case, 
it also becomes a law, when ten days, counting from the 
time that the bill was sent to him, have expired, not in- 
cluding Sundays. However, to this rule there is one 
important exception. If ten days do not intervene be- 
tween the time that the President receives the bill and 
the adjournment of Congress, not counting Sundays, it 
does not become a law. Accordingly the failure of the 
President to sign or to return a bill passed within ten 
days of the adjournment defeats it as effectually as a 
veto that is sustained by Congress could defeat it. The 
President sometimes takes this last course, in which case 
he is said to < 'pocket" a bill or to give it a ' 'pocket" veto. 

363. Orders, Resolutions, and Votes. — Every 
order, resolution, or vote to which the concurrence of 
both Houses of Congress is necessary, save on questions 
of adjournment, must be sent to the President for his 
approval. This rule prevents Congress enacting meas- 
ures to which the President may be opposed by calling 
them orders, resolutions, or votes and not bills. Still 
the resolutions of a single house, or joint resolutions that 
merely declare opinions and do not enact legislation, are 
not subject to this rule. Nor is it necessary for the Pres- 



THE ORGANISATION OF CONGRESS. 315 

ident to approve resolutions proposing amendments to 
the Constitution of the United States. 

364. The Committee System. — To a great extent 
legislation is carried on in both Houses by means of com- 
mittees. These are of two kinds. Standing committees 
are appointed on certain subjects, as commerce, the post- 
ofHce, and foreign affairs, for a Congress. Special com- 
mittees are appointed for special purposes. The House of 
Representatives has about sixty standing committees ; 
the Senate not quite so many. All House committees 
are appointed by the Speaker. Senate committees are 
elected by the Senators on caucus nominations. The 
standing committees of the House and of the Senate 
consist of from three to seventeen members each. 
The committees draw up bills, resolutions, and re- 
ports, bringing them forward in their respective houses. 
To them also bills and resolutions introduced by single 
members are almost always referred for investigation 
and report before they are acted upon in the house. 

365. Adjournments. — The common mode of ad- 
journment is for the two Houses to pass a joint resolution 
to that effect, fixing the time. The President may, in case 
of a disagreement between the Houses respecting the 
time of adjournment, adjourn them to such time as he 
thinks proper; but no President has ever had occasion to 
do so. Neither House, during the session of Congress, 
can, without the consent of the other, adjourn for more 
than three days, or to any other place than the one in 
which Congress shall be sitting at the time. It is therefore 
practically impossible for the two Houses to sit in differ- 
ent places, as one in Washington and the other in Bal- 
timore. As is elsewhere explained, the Senate may sit 
alone to transact executive business, if it has been con- 
vened for that purpose. 



CHAPTER XXVIII. 

THE IMPEACHMENT OF CIVIL OFFICERS. 

The American Government. Sections 302-311; ^84. 

366. Impeachment Defined. — In the legal sense, an 
impeachment is a solemn declaration by the impeaching 
body that the person impeached is guilty of some serious 
misconduct that affects the public weal. In the United 
States, the President, Vice-President, and all other civil 
officers are subject to impeachment for treason, bribery, 
or other high crimes and misdemeanors. In England, 
military officers and private persons may be impeached 
as well as civil officers. The other crimes and misde- 
meanors mentioned in the Constitution are not necessa- 
rily defined or prohibited by the general laws. In fact, 
few of them are so treated. Impeachment is rather a 
mode of punishing offenses that are unusual, and that, 
by their very nature, cannot be dealt with in the general 
laws. Thus Judge Pickering was impeached in 1803 for 
drunkenness and profanity on the bench, and Judge 
Chase the next year for inserting criticisms upon Presi- 
dent Jefferson's administration in his charge to a grand 
jury, while President Johnson was impeached in 1867, 
among other things, for speaking disparagingly of Con- 
gress. But none of these acts were prohibited by the 
laws. Senators and Representatives are exempt from 
impeachment. 

367. The Power of the House. — The House of 
Representatives has the sole power of impeachment, as 

316 



i 



THE IMPEACHMENT OF CIVIL OFFICERS. 317 

the House of Commons has in England. The following 
are the principal steps to be taken in such case. The 
House adopts a resolution declaring that Mr. be im- 
peached. Next it sends a committee to the Senate to 
inform that body of what it has done, and that it will in 
due time exhibit articles of impeachment against him and 
make good the same. Tlie committee also demands that 
the Senate shall take the necessary steps to bring the 
accused to trial. Then the House adopts formal articles 
of impeachment, defining the crimes and misdemeanors 
charged, and appoints a committee of five managers to 
prosecute the case in its name, and in the name of the 
good people of the United States. These articles of 
impeachment are similar to the counts of an indictment 
found by a grand jury in a court of law, 

368. The Power of the Senate. — The action of the 
House of Representatives settles nothing as to the guilt 
or innocence of the person accused. The Constitution 
places the power to try impeachments exclusively in the 
Senate, as in England it is placed exclusively in the House 
of Lords. So when the House has taken the first step 
described in the last paragraph, the Senate takes the 
action that is demanded. It fixes the time of trial, gives 
the accused an opportunity to file a formal answer to the 
charges that have been made against him, and cites him to 
appear and make final answer at the time that has been 
fixed upon for the trial. The Senators sit as a court, 
and when acting in such a capacity they must take a 
special oath or affirmation. When the President is 
tried, the Chief Justice presides. No person shall be 
convicted unless two-thirds of the Senators present vote 
that he is guilty of one or more of the offenses charged. 
As the Vice-President would have a personal interest in 
the issue should the President be put on trial, owing to 



3l8 THE GOVERNMENT OF THE UNITED STATES. 

the fact that the Vice-President succeeds to the presi- 
dency in case of the removal of the President, it would 
manifestly be a gross impropriety for him to preside in 
such case. He would be in a position to influence the 
verdict. 

369. The Trial. — The Senate sits as a court, as be- 
fore explained. The ordinary presiding officer occupies 
the chair on the trial, save in the one excepted case of 
the President. At first the House of Representatives at- 
tends as a body, but afterwards only the five managers 
are expected to attend. The accused may attend in 
person and speak for himself; he may attend in person, 
but entrust the management of his cause to his counsel; 
he may absent himself altogether, and either leave his 
cause to his counsel or make no defense whatever. Wit- 
nesses may be brought forward to establish facts, and 
all other kinds of legal evidence may be introduced. The 
managers and the counsel of the accused carry on the 
case according to the methods established in legal tribu- 
nals. When the case and the defense have been pre- 
sented, the Senators discuss the subject in its various 
bearings, and then vote yea or nay upon the various arti- 
cles that have been preferred. The trial is conducted 
with open doors, but the special deliberations of the 
Senate are carried on behind closed doors. A copy of 
the judgment, duly certified, is deposited in the office of 
the Secretary of State. 

370. Punishment in Case of Conviction. — The 
Constitution declares that judgment in cases of convic- 
tion shall not go further than to work the removal of the 
officer convicted from his office, and to render him dis- 
qualified to hold and enjoy any office of honor, trust, or 
profit under the United States. It declares also that all 
persons who are impeached shall be removed from office 



THE IMPEACHMENT OF CIVIL OFFICERS. 3T9 

on conviction by the Senate. Here the subject is left. It 
is therefore for the Senate to say whether, in a case of 
conviction, the officer convicted shall be declared dis- 
qualified to hold office or not, in the future, and this is as 
far as the discretion of the Senate extends. Whatever the 
punishment may be, it is final and perpetual. The Pres- 
ident is expressly denied the power to grant reprieves 
and pardons in impeachment cases. This is because 
such power, once lodged in his hands, would be peculiarly 
liable to abuse. But this is not all. If the crimes or 
misdemeanors of which an officer has been convicted are 
contrary to the general laws, he is still liable to be in- 
dicted, tried, judged, and punished by a court of law 
just as though he had not been impeached. 

37 I . Impeachment Cases. — There have been but 
eight such cases in the whole history of the country. 
William Blount, Senator from Tennessee, 1797-98 ; John 
Pickering, District Judge for New Hampshire, 1803-1804 ; 
Samuel Chase, Justice of the Supreme Court, 1804- 
1805; James Peck, District Judge for Missouri, 1829- 
1830; W. W. Humphreys, District Judge for Tennessee, 
1862 ; Andrew Johnson, President of the United States, 
1867 ; W. W. Belknap, Secretary of War, 1876 ; Charles 
Swayne, District Judge for Northern Florida, 1905. 
Only Pickering and Humphreys were found guilty. 



CHAPTER XXIX. 

THE GENERAL POWERS OF CONGRESS. 

The American Government. Sections 34.1-^18. 

In a free country the legislative branch of the govern- 
ment tends to become the most powerful of all the 
branches, overtopping both the executive and the judi- 
ciary. This is true in the United States. The powers 
of Congress are divisible into general and special pow- 
ers, of which the first are by far the more important. 
The general powers are described in section 8, Article 1, 
of the Constitution, and occupy eighteen clauses. They 
will now be described. 

372. Taxation. — Revenue is the life- blood of govern- 
ment. The first Government of the United States failed 
miserably, and largely because it could not command 
money sufficient for its purposes. When the present 
Government was constituted, good care was taken to 
guard this point. It was clothed with the most ample 
revenue powers. Congress may, without limit, lay and 
collect taxes to pay the debts and provide for the common 
defense and general welfare of the United States. These 
taxes are of two kinds, direct and indirect. Direct 
taxes are taxes on land and incomes and poll or capita- 
tion taxes. Here the taxes are paid by the person owning 
the land or enjoying the income. Taxes on imported 
goods, called custom duties and sometimes imposts, 
and taxes on liquors paid at the distillery or brewery, 
and on cigars and tobacco paid at the factory, are indirect 
taxes. Here the tax is added to the price of the article 

320 



THE GENERAL POWERS OF CONGRESS. 321 

by the person who pays it in the first instance, and it is 
ultimately paid by the consumer. Taxes of the second 
class are collectively known as internal revenue to 
distinguish them from customs or duties, which might be 
called external revenue. The term excise, used in the Con- 
stitution, but not in the laws, applies to this great group 
of taxes. They are collected through the Internal 
Revenue Office in the Treasury Department. Direct 
taxes have been levied only five times by the National 
Government. Customs and internal revenue have al- 
ways been its great resources. 

373. Special Rules. — In levying taxes Congress 
must conform to several rules that the Constitution pre- 
scribes. All taxes must be uniform throughout the United 
States. In legislating on commerce and revenue. Con- 
gress must take care not to show a preference for the 
ports of one State over those of another State. Direct 
taxes, like Representatives, must be apportioned among 
the States according to population. And finally, no tax 
or duty can be laid on any article of commerce exported 
from any State. 

374. Borrowing Money — Bonds. — Public expendi- 
tures cannot always be met at the time by the public 
revenues. It becomes necessary in emergencies for gov- 
ernments to borrow money and contract debts. Congress 
borrows money on the credit of the United States. The 
principal way in which it exercises this power is to sell 
bonds. These bonds are the promises or notes of the Gov- 
ernment, agreeing to pay specified amounts at specified 
times at specified rates of interest. During the Civil 
War more than five billion dollars of such bonds were 
sold, many of them to replace others that were cancelled. 
At the present time a large amount of Government bonds 
is outstanding. 



322 THE GOVERNMENT OF THE UNITED STATES. 

375. Treasury Notes. — Congress also authorizes the 
issue of Treasury notes, called by the Constitution *' bills 
of credit. " They are paid out by the Treasury to meet the 
expenses of the Government, and while they continue to 
circulate they constitute a loan that the people who hold 
them have made to the Government. Such notes were 
occasionally issued before the Civil War, and since that 
event they have played a very important part in the 
history of the National finances. In 1862 Congress 
authorized the issuance of Treasury notes that should 
be a legal tender in the payment of all debts, public and 
private, except duties on imports and interest on the 
National debt. These notes were not payable on demand, 
or at any particular time; they did not bear interest, and 
were not for the time redeemable in gold or silver, which, 
since 1789, had been the only legal-tender currency of 
of the country. In 1879 the Treasury, in obedience to 
a law enacted several years before, began to redeem 
these notes in gold on presentation, and it has continued 
to do so until the present time. Still they have never 
been retired from circulation, or been cancelled on 
redemption, but have been paid out by the Treasury the 
same as other money belonging to the government. 
They are popularly called '^ greenbacks." 

376. Commerce. — Congress has power to regulate 
commerce with foreign nations, among the States, and 
with the Indian tribes. The exclusive control of commerce 
by the States, under the Confederation, was a principal 
cause of the hopeless weakness of that government. 
(See Chap. XX.) It may indeed be said that the com- 
mercial necessities of the country, more than anything 
else, compelled the formation of the new Government in 
1789. Tariff laws, or laws imposing duties on imported 
goods, are regulations of commerce, and so are laws 



THE GENERAL POWERS OF CONGRESS. 323 

imposing tonnage duties, or duties on the carrying 
capacity of ships, and laws prescribing the manner in 
which the foreign trade of the country shall be carried 
on. The construction or improvement of harbors, the 
building of lighthouses, surveys of the coasts of the 
country, and laws in relation to immigration all come 
under the same head. In order the better to regulate 
commerce among the States, Congress created the 
Interstate Commerce Commission, and it has passed a 
law in relation to the subject of trusts. The Constitu- 
tion lays down the rule that vessels bound to or from 
one State shall not be required to enter, clear, or pay 
duties in another State. 

377. Naturalization. — All persons born or natural- 
ized in the United States and subject to their jurisdiction 
are citizens of the United States, and of the State in which 
they reside. Citizenship, or the state of being a citizen, 
is membership in the state or body politic. Congress 
has provided that a foreigner, unless he belongs to the 
Mongolian race, may become a citizen or be naturalized, 
as the saying is, on his compliance with certain condi- 
tions. A residence of five years is necessary. At least 
two years before his admission to citizenship the alien 
must declare on oath, before a court of record, his inten- 
tion to become a citizen. On the expiration of the two 
years, he must sign a petition and later prove to the 
court by two citizen witnesses that he has resided in 
the United States at least five years, and in the State or 
Territory at least one year ; that he is a man of good 
moral character ; that he is attached to the Constitution, 
and well disposed to the United States. If not a 
*' homesteader," he must be able to speak English. He 
must also swear to support the Constitution, must 
renounce all allegiance to any foreign state or prince, 



324 THE GOVERNMENT OF THE UNITED STATES. 

and lay aside any title of nobility that he has held. He 
then receives a certificate stating that he is a citizen of 
the United States, and he becomes entitled to all the 
rights of a native-born citizen, except that he can never 
be President or Vice-President. His wife and his chil- 
dren under twenty-one years of age also become citizens. 
All laws in relation to naturalization must be uniform. 
The States may confer political rights upon foreigners, as 
the right to own land and vote within the State, but they 
cannot confer citizenship. 

378. Bankruptcies. — A person who is insolvent, or 
unable to pay his debts, is termed a bankrupt; and a law 
that divides the property of such person among his cred- 
itors and discharges him from legal obligation to make 
further payment, is termed a bankrupt law. Congress 
has power to pass uniform laws in relation to this subject. 
It has passed four such laws, one in 1800, one in 1840, 
one in 1867, and one in 1898. The first three were in 
force only about sixteen years. The States sometimes 
pass insolvent laws, having somewhat the same effect 
as bankrupt laws, but they are always subject to the 
National bankrupt law when there is one in force. 

379. Coinage of the United States. — Congress 
coins money and regulates its value and the value of for- 
eign coin circulating in the country. This power, taken 
in connection with other powers, enables Congress, if it 
chooses, to regulate the whole subject of money. At 
the present time the National mints are open to all 
persons for the coinage of goldo Depositors of standard 
gold are charged merely the value of the copper used in 
alloying the coin. The gold coins of the Government 
are the double-eagle, eagle, half-eagle, quarter-eagle, 
three-dollar piece, and one-dollar piece. These coins 
are legal tender in payment of all debts, public and 



THE GENERAL POWERS OF CONGRESS. 325 

private.^ Silver coins are now struck at the mints only 
on account of the Government, and not on account of 
private persons. These coins are the half-dollar, quar- 
ter-dollar, and dime, which are legal tender for debts 
not exceeding ten dollars. The Government also strikes 
coins of base metal for small change; the five-cent 
piece and the one-cent piece, which are legal tender in 
sums not exceeding twenty-five cents. At different times 
still other coins have been struck, and some of them are 
still in circulation. Mention may be made of the dollar, 
the trade dollar, the two-cent piece, and the half-dime. 
380. The Silver Dollar.— The silver dollar was the 
original money-unit of the United States. It was coined, 
though never in very large quantities, from the founding 
of the mint in 1792 until 1873, when it was dropped from 
the list of legal coins. This fact is expressed in the 
phrase, "silver was demonetized." The minor silver 
coins, however, were produced as before. Congress 
also authorized for several years a new coin, called 
the trade dollar. In 1878 Congress restored the old 
silver dollar to the list of authorized coins, and in- 
structed the Secretary of the Treasury to purchase silver 
bullion for the Government and to coin it into dollars, 
not less than $2,000,000, nor more than $4,000,000, a 
month. These dollars were also made a legal tender. 
In 1890 Congress passed a further act instructing the 
Secretary to purchase 4,500,000 ounces of silver a month 
on Government account, as before, and to coin it after 
July, 1891, at his discretion. In 1893 Congress repealed 
the purchase clause of the previous act, and the further 

1 I^ega]- tender money is money with which a debtor can legally 
pay a debt; that is, if he ofifers or tenders this money to his credi- 
tor, and his creditor refuses to take it, he is not obliged to make 
other payment 



326 THE GOVERNMENT OF THE UNITED STATES. 

coinage of silver dollars was discontinued. At no time 
since 1873 have private persons been permitted to 
deposit silver at the mints for coinage. 

38 1 . Fineness and "Weight of Coins and Ratio of 
Metals. — The gold and silver coins of the United States 
are nine-tenths fine; that is, nine parts of the coins are 
pure metal and one part is alloy. This is called standard 
metal. Since 1834, the gold dollar has contained 23.2 grs. 
of pure metal and 25.8 grs. of standard metal. Since 1*792 
the silver dollar has contained 371 1^ grs. of pure metal, 
and since 1837, 412^ grs. of standard metal. It is com- 
mon to call the last named coin the 412^ gr. dollar. The 
amount of pure silver in a dollar's worth of the minor 
coins is 347.22 grs., and of standard silver 385.8 grs. The 
ratio of the gold dollar to the silver dollar is popularly 
said to be 1 to 16. Exactly it is 1 to 15.988. This 
has been the legal ratio since 1837. When it was estab- 
lished Congress assumed that 16 grs. of silver (nearly 
so) were equal to one grain of gold in value. 

382. G-old and Silver Certificates. — To dispense 
with the necessity of handling so much metallic money. 
Congress has provided for the issuance of gold and silver 
certificates. One of these certificates is simply a state- 
ment that in consequence of the deposit of dol- 
lars of gold or silver, as the case may be, in the Treasury, 
the Government will pay the holder of the certificate the 
corresponding amount. These certificates pass as money, 
but are not a legal tender. 

383. Counterfeiting. — Congress provides by law for 
punishing counterfeiting the coin and securities of the 
United States, its notes, bonds, etc. The term counter- 
feiting includes (1) manufacturing or forging coins or 
paper securities; (2) putting forged coins or securities 
in circulation; and (3) having them in possession for 



THE GENERAL POWERS OF CONGRESS. 327 

that purpose. A person guilty of any one of these three 
offenses is punishable on conviction by a fine of not 
more than $5,000 and by imprisonment at hard labor for 
not more than ten years. Counterfeiting the notes of 
the National banks, letters patent, money orders, postal 
cards, stamped envelops, etc., is punishable by severe 
penalties; as is also counterfeiting the coins and securi- 
ties of foreign governments. 

384. The Independent Treasury. — Previous to 
1846, save for a short period, the Government had no 
treasury of its own, but kept its money in the banks and 
checked it out as it had occasion. In the year named a 
treasury was established in the Treasury Building at 
Washington, provided with rooms, vaults, and safes, and 
a Treasurer was appointed. Subtreasuries were also 
established in the principal cities of the country and 
put in charge of officers known as Subtreasurers. Sub- 
treasuries are now to be found in New York, Boston, 
Philadelphia, Baltimore, Cincinnati, Chicago, St. Louis, 
New Orleans, and San Francisco. 

385. The National Banks.— In 1863 and 1864 Con- 
gress provided for the creation of the present system of 
National banks, which have played so important a part 
in the business of the country. These banks are directly 
managed by boards of directors chosen by their stock- 
holders, but they are supervised by the Comptroller of 
the Treasury, whose office is established in the Treasury 
Department. Their notes or bills, which are fully 
secured by National bonds belonging to the banks that 
are deposited in the office of the Comptroller at Wash- 
ington, constitute a National currency. 

386. Weights and Measures. — Congress has power 
to fix tne standard of weights and measures, but has never 
fully exercised the power. In general the standards in 



328 THE GOVERNMENT OF THE UNITED STATES. 

use are the same as those in use in England. The Eng- 
lish brass Troy pound is the legal Troy pound at the 
mints, while the Imperial avoirdupois pound and the 
wine gallon rest upon usage. Congress has authorized 
the use of the metric system of weights and measures, 
but has not made it compulsory. 

387. The Postal Service. — Congress has created 
the vast postal system of the country, the cost of which 
in the year 1906 was more than 1178,000,000. The mails 
are carried by contractors. Postmasters paid $1,000 or 
more a year are appointed by the President for a term 
of four years; all others by the Postmaster-General at 
his pleasure. A great majority of the postmasters do 
not receive regular salaries, but a percentage on the 
income of their offices. Towns having gross post-office 
receipts of SB10,000 or more have free mail delivery by 
letter-carriers. In such towns, and at all houses within a 
mile of a post-office, letters bearing a special 10-cent 
stamp are delivered by a special carrier immediately on 
their receipt. Letters may also be registered to secure 
their greater safety in delivery, on payment of an 8-cent 
fee. Money orders are also sold by certain post-offices 
called money-order offices, which to a limited extent 
take the place of money in the transaction of business. 

388. Rates of Postage. — There are four classes of 
domestic mail matter bearing different rates of postage. 
All postage must be prepaid in the form of stamps. 

1. Letters, postal cards, and other written matter, 
and all packages that are closed to inspection. Save 
on postal cards and drop letters mailed at non-delivery 
offices, the rate is two cents an ounce or fraction of an 
ounce. 

2, Periodicals, magazines, etc. The rate on matter 
of this class when sent from a registered pubHshing 



THE GENERAL POWERS OF CONGRESS. 329 

office, or a news agency, is one cent a pound; when sent 
otherwise, it is one cent for every four ounces. 

3. Books, authors' copy accompanying proof-sheets, 
etc., are charged one cent for two ounces or fraction of 
the same. 

4. Merchandise limited to 4-pound packages is 
charged one cent an ounce. 

389. Copyrights and Patent Rights. — For pro- 
moting science and the arts. Congress provides that au- 
thors may copyright their works and inventors patent 
their inventions for limited times. The author of a book, 
chart, engraving, etc., by means of a copyright, enjoys 
the sole liberty of printing, publishing, and selling the 
same for twenty-eight years, and on the expiration of 
this time he, if living, or his wife or his children if he be 
dead, may have the right continued fourteen years 
longer. An inventor also, by means of letters patent, 
enjoys the exclusive right to manufacture and sell his 
invention for seventeen years, and on the expiration 
of that period the Commissioner of Patents may ex- 
tend the right, if he thinks the invention sufficiently 
meritorious. Copyrights are obtained from the head of 
the Library of Congress, patent rights from the head of 
the Patent Office, both at Washington. The cost of a 
copyright is one dollar and two copies of the book or 
other work. The cost of a patent right is $35.00. Every 
article that is copyrighted or patented must be appro- 
priately marked. 

390. Piracies and Felonies. — Congress defines the 
punishment of piracies and felonies on the high seas, and 
offenses against the Law of Nations. In a general sense 
piracy is robbery or forcible depredation of property on 
the seas, but Congress has by law declared seme other 
acts, as engaging in the slave trade, to be piracy. 



330 THE GOVERNMENT OF THE UNITED STATES. 

Felonies, strictly speaking, are crimes punishable by 
death. The Law of Nations is a body of rules and 
regulations that .civilized nations observe in their inter- 
course one with another. The high seas are the main 
sea or ocean, which the law of nations limits by a line 
drawn arbitrarily at one marine league, or three miles, 
from the shore. 

39 I . Powers of Congress in Kelation to War. — 
Congress has the power to declare war, which in mon- 
archical countries is lodged in the Crown. It raises and 
supports armies. It provides a navy. It makes rules for 
the government of the army and navy. It provides for 
calling out the militia of the States to execute the laws of 
the Union, to suppress insurrection, and repel invasion. 
It provides for organizing, arming, and disciplining the 
militia, and for the government of such of them as may 
be called into the service of the United States; but the 
States have authority to appoint the officers and to train 
the militia according to the discipline that Congress has 
prescribed. These powers are very far-reaching. Act- 
ing under the laws of Congress, President Lincoln, 
in the course of the Civil War, called into the service 
of the Union fully 3,000,000 men. A navy counting 
hundreds of vessels was also built. At present the 
army consists of less than 100,000 ofificers and enlisted 
men. The navy of Civil War times soon became anti- 
quated; but since about 1885 a fine modern navy has 
been built, — one of the great armaments of the world. 
The soldiers of the United States are divided into the 
regular troops and the militia. The former are in 
constant service; the latter are the citizen soldiery en- 
rolled and organized for discipline and called into service 
only in emergencies. In the fullest sense of the word, 
the militia are the able-bodied male citizens of the States 



THE GENERAL POWERS OF CONGRESS. 33 1 

between the ages of eighteen and forty-five. The Pres- 
ident cannot call them into active service for a longer 
period than nine months in any one year. In service, 
they are paid the same as the regular troops. 

392. The Federal District.— Previous to IV 8 9 the 
United States had no fixed seat of government, and Con- 
gress sat at several different places. The resulting evils 
led the Convention of 1787 to authorize Congress to exer- 
cise an exclusive legislation over a district, not more than 
ten miles square, that particular States might cede and 
Congress might accept for a capital. The cession of 
Maryland and the acceptance of Congress made the Dis- 
trict of Columbia the Federal District, and an act of 
Congress made Washington the Capital of the Union. 
The various branches of the Government were established 
there in 1800. The District is now governed by a board 
of three commissioners, two appointed by the President 
and Senate, and one an engineer of the army who is 
detailed by the President for that purpose. Congress 
pays one-half the cost of government, the people of the 
District the other half. Congress also has jurisdiction 
over places within the States that have been purchased 
for forts, arsenals, magazines, dock-yards, and other 
needful public buildings. 

393. Necessary Laws. — It must be borne in mind 
that the government of the United States is a government 
of delegated powers. Still these powers are not all 
expressly delegated. There are powers delegated by 
implication, as well as powers delegated in words. Con- 
gress is expressly authorized to make all laws that are 
necessary for carrying into effect the powers that have 
been described above, and all other powers that the 
Constitution vests in the Government of the United 
States, or any department or officer of that Government. 



332 THE GOVERNMENT OF THE UNITED STATES. 

Congress improves harbors, erects lighthouses, builds 
post-offices and custom houses, and does a thousand 
other things that are not particularly named in the Con- 
stitution, because in its judgment they are necessary to 
the execution of powers that are particularly named. 
The power to establish post-roads and post-offices, for 
example, or to create courts, involves the power to build 
buildings suitable for these purposes. This is known as 
the doctrine of implied powers. 

Looking over the general powers of legislation that 
are vested in Congress, described above, we see how 
necessary they are to a strong and efficient government. 
They are the master power, the driving force, of our 
whole National system. If these eighteen clauses were 
cut out of the Constitution, that system would be like a 
steamship without an engine. 



CHAPTER XXX. 

ELECTION OF THE PRESIDENT AND THE VICE-PRESIDENT. 

« 

The American Government. Sections ^/d-,^/^. 

It is the business of the Executive Department of the 
Government to enforce the laws that the Legislative De- 
partment makes. Government in a free country begins 
vs^ith law-making, but it ends with law-enforcing. We 
are now to examine in two or three chapters the National 
Executive. 

394. The Presidency.— Congress consists of two 
Houses, and each house consists of many members, but 
the Executive office is single, entrusted to one person. 
The Constitution vests the executive power in the Presi- 
dent of the United States. This difference is due to the 
nature of the things to be done. Legislation demands 
varied knowledge, comparison of views, and deliberation. 
Administration calls for vigor, unity of purpose, and sin- 
gleness of responsibility. The burden of National ad- 
ministration is imposed upon the shoulders of one man. 

395. Presidential Electors. — The President and the 
Vice-President are elected by Electors appointed for that 
purpose. Each State appoints, in such manner as its 
Legislature may determine, a number of Electors equal 
to the whole number of its Senators and Representa- 
tives in Congress. Early in the history of the Govern- 
ment, different modes of appointing Electors were 
followed. Since the Civil War, with a single exception, 
there has been only one mode. All the States now pro- 
ceed in the same way. This is to submit the question to 

333 



334 THE GOVERNMENT OF THE UNITED STATES. 

the people of the States at a popular election. With 
this point clearly in mind, we shall go forward to de- 
scribe the whole series of steps that are taken in 
electing the President and the Vice-President of the 
United States. 

396. Presidential Nominations. — Government in 
the United States, as in other free countries, is carried on 
by means of political parties. These party organizations 
desire to elect the President and control the Government. 
They hold National conventions, generally in the period 
June-August of the year before a President is to take his 
seat, to nominate candidates for President and Vice- 
President, and to adopt a statement of party doctrines 
or principles called a platform. These conventions are 
constituted under fixed rules, and are convoked by 
National committees. The Republican and Democratic 
conventions consist each of four delegates-at-large from 
every State, and twice as many district delegates as the 
State has members in the House of Representatives. 
As a rule the delegates-at-large are appointed by State 
party conventions, and the district delegates by district 
conventions. In the Republican convention a majority 
vote suffices to nominate candidates; in the Democratic 
convention the rule is two-thirds. 

397. Electoral Tickets. — The next step is to make 
up the State Electoral tickets. First, State conventions 
name two Electors for the State called Electors-at-large, 
or Senatorial Electors. The conventions that name the 
delegates-at-large to the National conventions may, and 
often do, name also the candidates for Electors-at-large. 
Next district Electors are put in nomination, one from 
a Congressional district, generally by district conven- 
tions. The names of the candidates put in nomination 
by a given party brought together constitute the State 



ELECTION OF PRESIDENT AND VICE-PRESIDENT. 335 

party ticket. No Senator or Representative, or other 
person holding an office of trust or profit under the 
United States, can be appointed an Elector. 

The two steps that have been described belong wholly 
to the field of voluntary political action. The Consti- 
tution and the laws have nothing whatever to do with 
them. 

398. Choice of Electors. — Congress fixes the day 
upon which the Electors are chosen. It is the same in all 
States, Tuesday following the first Monday of Novem- 
ber, the day on which members of the House of Represen- 
tatives are generally elected. Persons who may vote for 
State officers and for Representatives may also vote for 
Electors. State officers conduct the election, and the 
Governor gives the successful candidates their certifi- 
cates of election. The appointment of the Electors is 
popularly called the Presidential election. It is so in 
fact but not in law. In point of law the people do not 
elect the President and the Vice President, but only Elec- 
tors who elect them. In point of fact, as we shall soon 
see, they do both. All that the National authority has 
done up to this point is to fix the time of the appoint- 
ment of Electors. Hereafter that authority directs every 
step in the process. 

399. Meeting of the Electors. — On the second Mon- 
day of January, following their appointment, the Electors 
meet at their respective State capitals to vote for Presi- 
dent and Vice-President. They name in their ballots 
the person for whom they vote as President, and in 
distinct ballots the person for whom they vote as Vice- 
President. No Elector can vote for persons for both 
offices from the same State that he himself resides m: one 
at least of the two candidates must belong to another 
State, The voting over, the Electors make distinct lists 



336 THE GOVERNMENT OF THE UNITED STATES. 

of all persons voted for as President, and of all persons 
voted for as Vice-President, and of the number of votes 
for each, which lists they sign, certify, and seal. Three 
copies of these lists are made. Two of them they send 
to Washington addressed to the President of the Senate, 
one by mail and one by a special messenger. The other 
copy they deliver to the Judge of the United States 
District Court for the district in which they meet and 
vote. Congress by law names the day on which the 
Electors give their votes, and it must be uniform through- 
out the Union. The castmg of their ballots by the Elec- 
tors is the formal but not the real Presidential election. 

400. Connting the Electoral Votes. — On the sec- 
ond Wednesday of February, the day named by Congress, 
the Senate and the House of Representatives meet in the 
hall of the House to witness the counting of the Elec- 
toral votes. The President of the Senate presides, the 
Speaker of the House sitting by his side. He opens the 
certificates of votes and hands them to tellers appointed 
by the Houses, who read and count the votes. The 
President of the Senate declares the result. The person 
having the greatest number of votes cast for President, 
if a majority of all, is declared President; the person 
having the greatest number of votes for Vice-President, 
if a majority of all, is declared Vice-President. 

40 1 . Election of the President by the House. — If 
no person has received for President the votes of a major- 
ity of all the Electors appointed, the House of Represen- 
tatives must immediately choose the President from the 
three candidates who have had the most votes for that 
office. This election is by ballot. The votes are taken by 
States, the Representatives from a State having one vote. 
Nevada balances New York, Delaware Pennsylvania. 
A quorum to conduct the election consists of a member 



ELECTION OF PRESIDENT AND VICE-PRESIDENT. 33/ 

or members from two-thirds of the States, and a majority 
of all the States is necessary to a choice. Twice has the 
House of Representatives chosen the President, Thomas 
Jefferson in 1801 and John Quincy Adams inl825. Both 
of these elections were attended by great excitement. 

If the House fails to choose a President, when the 
choice devolves upon that body, by March 4 following, 
then the Vice-President acts as in the case of death, 
removal, or resignation of the President. 

402. Election of the Vice-President by the Sen- 
ate. — If no person voted for as Vice-President has a 
majority of all the Electors appointed, then the Senate 
shall choose to that office one of the two candidates 
standing highest on the list of candidates for the Vice- 
Presidency. A quorum for this purpose consists of two- 
thirds of the whole number of Senators, and a majority 
of all the Senators is necessary to a choice. 

403. Miscellaneous Provisions.— The Electors ap- 
pointed from a State are often called a college; the Elec- 
tors from all the States the Electoral colleges. Most of 
the States have empowered their colleges to fill vacancies 
that may occur in their number. In 1887 Congress 
passed an act to provide for and regulate the counting of 
votes for President and Vice-President, and the decision 
of questions arising thereon. This law gives the States 
jurisdiction over disputed appointments of Electors. It 
also prescribes the method of proceeding when plural 
returns are made from any State and in cases where 
objections are made to a single return.^ 

1 The method of electing President and Vice-President outlined 
above, is that prescribed by the Constitution as originally framed, 
together with the Twelfth Amendment. For the change intro- 
duced by this Amendment, see the Amendment in connection with 
Article II, section 1, clause 3, of the Constitution at first framed. 



338 THE GOVERNMENT OF THE UNITED STATES. 

404. The Electoral System. — When the framers of 
the Constitution devised the method of election by means 
of Electoral colleges, they assumed that the Electors 
would be picked bodies of men, who would vote for 
the best men for President and Vice-President, regard- 
less of popular feeling and private interest. It may 
be said that in the case of Washington the plan 
worked as they expected, but since his second adminis- 
tration it has never done so. No other part of the 
Constitution has proved so disappointing as the method 
of electing the President. In 1804 the Constitution was 
amended to correct evils that had declared themselves 
in the election of 1800; but the Twelfth Amendment, 
while accomplishing its immediate purpose, did not 
prevent the whole plan becoming a miserable failure. 
The men of 1787 did not foresee the part that politics and 
political parties would play in American affairs. As we 
have seen, the President and Vice-President are really 
named by one of the two great political conventions. 
The Electors are not chosen to exercise their own best 
judgment, but to cast their ballots for the party candi- 
dates. When once elected, the Electors are not legally 
bound to vote for these candidates, for the Constitution 
and laws make no mention of parties and conventions; 
but they are bound as party men and as men of honor, 
for they have consented to be elected on this under- 
standing. As the system works, they have no free will 
whatever, and practically the Electoral colleges are 
pieces of useless political machinery. 



CHAPTER XXXL 

THE president's QUALIFICATIONS, TERM. AND REMOVAL. 

The American Government. Sections 450; 476-4.82. 

405. Qualifications. — The President must be a 
natural-born citizen of theUnited States. He must have 
attained the age of thirty-five years, and have been a 
resident of the country fourteen years at the time of his 
election. The Vice-President must have the same 
qualifications as the President. 

406. Length of Term.— The term of office of both 
the President and the Vice-President is four years, and the 
two officers are eligible to successive re-elections. It has 
often been contended that it would be better to give the 
President a term of six or seven years, and then make 
him ineligible to a second election. 

407. The President's Salary.— This is fixed by Con- 
gress. From 1789 to 1873 it was $25,000 a year; since 
1873 it has been $50,000. Congress also provides the 
President the furnished house known as the White House 
for an official residence. The President's salary can 
neither be increased nor diminished after he has entered 
on the duties of his office. The first of these two prohi- 
bitions makes it impossible for him to enter into bargains 
with members of Congress, whereby they shall receive 
something that they deem desirable, at the same time that 
his compensation is increased. The second prohibition 
makes it impossible for Congress to reduce his compen- 
sation, and so to make the President its dependent or 
creature. All changes in the salary must therefore be 
prospective. Still further, the President cannot, during 

339 



340 THE GOVERNMENT OF THE UNITED STATES, 

his continuance in office, receive any other public emol- 
ument than his salary, such as a gift or present from 
the United States or from any State. The salary of the 
Vice-President is $12,000. 

408. The President's Oath. — Before entering on 
the duties of his office, the President must take the fol- 
lowing oath or affirmation: ''I do solemnly swear (or 
affirm) that I will faithfully execute the office of Presi- 
dent of the United States, and will, to the best of my 
ability, preserve, protect, and defend the Constitution 
of the United States." This oath is in general a defini- 
tion of the President's duties. He is exclusively an 
executive officer. The occasion on which the President 
takes this oath is popularly called his inauguration, and 
is marked by a good deal of parade and ceremony. The 
custom now is to conduct the inauguration on the East 
Front of the Capitol at Washington. The Chief Justice 
administers the oath, and the President delivers an 
address called his inaugural address. With the excep- 
tion of the oath, none of these ceremonies are required 
by the Constitution or the laws, and they might be 
dispensed with. It is also customary for the Vice- 
President to take his oath in the Senate Chamber and 
to deliver a short speech to the Senators. 

409. The Vice-President. — The only reason for 
creating the office of Vice-President was to have a proper 
officer at hand who could succeed to the Presidency in 
the case of a vacancy. The Vice-President becomes Pres- 
ident when the President is removed, dies, resigns, or is 
unable to discharge the powers and duties of his office. 
The President can be removed only by conviction on im- 
peachment. If he resigns he must file his resignation in 
writing in the office of the Secretary of State. Just what 
inability to discharge the duties of his office is, has never 



president's qualifications, term, removal. 341 

been settled. President Garfield performed but one ex- 
ecutive act from July 2, 1881, tohis dea-th, which occurred 
September 19 following. It was much discussed at the 
time whether a case of inability had arisen, but with no 
practical results. Five Vice-Presidents have become 
Presidents by succeeding to the office. When the 
Vice-President becomes President, he succeeds to all 
the powers, dignities, responsibilities, and duties of the 
office for the unexpired portion of the term and ceases to 
be Vice-President. The Constitution provides that the 
Vice-President shall be the President of the Senate, but 
this is merely for the purpose of giving dignity and con- 
sequence to an officer who, for the most part, would 
otherwise have nothing to do. 

4iO. The Presidential Succession. — Who shall 
succeed to the Chief Executive office in case both the 
President and Vice-President die, resign, are removed, 
or are unable to perform the duties of the office ? The 
Constitution says that Congress shall by law provide for 
such a case, declaring what officer shall act as President 
until the disability be removed or a President be elected. 
The present law, which dates from 1886, declares that 
first the Secretary of State shall succeed, then the Sec- 
retary of the Treasury in case of his death, removal, etc. ; 
afterwards the Secretary of War, the Attorney-General, 
the Postmaster-General, the Secretary of the Navy, and the 
Secretary of the Interior( American Government, p. 267), 
m this order. No one of these officers, however, can suc- 
ceed unless he has been confirmed by the Senate and 
has all the qualifications that are required of the Presi- 
dent. If one of them succeeds he fills the unexpired 
portion of the term the same as the Vice-President. 
However, a case of the removal, etc., of both the Presi- 
dent and the Vice-President has never yet occurred. 



CHAPTER XXXII, 

THE president's POWERS AND DUTIES. 

The American Government. Sections 48^-^11. 

As is remarked in another place, the oath that the 
President takes on his inauguration is a general defini- 
tion of his duties. Still the Constitution declares further 
that he shall take care that the laws be faithfully exe- 
cuted, and shall commission all officers of the United 
States. More than this, it describes his duties with more 
or less detail. 

4 M . Army and Navy. — The President is comman- 
der-in-chief of the army and navy of the United States, 
and of the Militia of the States also when they are called 
into the National service. The effective control of the 
National forces requires unity of judgment, decision, and 
responsibility. It is obvious that a congress or a cabinet 
would be a very poor body to place at the head of an 
army. The power entrusted to the President is a great 
one, but he cannot well abuse it so long as Congress 
alone can declare war, raise and support the army, pro- 
vide the navy, make rules for the government of the 
military and naval forces, and provide by law under 
what conditions the President may call out the militia. 
'The President delegates to chosen officers his authority 
to command the army and the navy in actual service. 

412. The Pardoning Power. — Power to try, convict, 
and pass judgment upon persons charged with crimes and 
offenses under the laws of the United States is lodged in 
the courts alone. But courts sometimes commit mis- 

342 



THE president's POWERS AND DUTIES. 343 

takes, and sometimes special circumstances arise that 
make it proper to exercise clemency towards persons 
ivho are undergoing punishment for crime. Again, it 
may be wise to exercise clemency while the offender is 
^)n trial, or even before trial begins. So the President 
J3 authorized to grant reprieves and pardons for offenses 
against the United States, except in cases of impeach- 
JMent. A reprieve is a temporary suspension of punish- 
ment that has been decreed; a pardon is a full release 
from punishment either before or after it has been decreed. 
Commonly, however, a pardon comes after conviction. 

4 1 3. Treaties. — A treaty is a solemn engagement or 
contract entered into between two or more sovereign or 
independent states. They relate to such subjects as com- 
merce and trade, the rights of citizens of one country in 
the other, etc. Treaties also deal with the graver sub- 
jects of peace and war. The power to enter into a treaty 
properly belongs to the executive branch of govern- 
ment, as dispatch, secrecy, and unity of purpose are 
called for. As' it might be dangerous in a republic to 
lodge the power exclusively in the Executive's hands, it 
is provided that the President, by and with the advice 
and consent of the Senate, shall have power to make 
treaties with foreign states. 

4 1 4. Mode of Making a Treaty. — Commonly the 
steps that are taken are the following: First, the treaty is 
negotiated or agreed upon by the powers. The nego- 
tiation is conducted on the part of our Government by 
the Secretary of State, a minister residing at a foreign 
capital, or a minister or commissioner appointed for the 
purpose. The President, acting through the Depart- 
ment of State, directs the general course of the negotia- 
tion. Secondly, the treaty, when it has been negotiated. 
Is wholly in the President's hands. If he disapproves 



344 THE GOVERNMENT OF THE UNITED STATES. 

of it, he may throw it aside altogether. If he approves 
it, or is in doubt whether he should approve it or not, 
he submits it to the Senate for its advice. Thirdly, the 
treaty is now wholly in the Senate's hands, except that 
the President may at any time that he chooses withdraw 
it from the Senate's further consideration. The Senate 
may approve or disapprove the treaty as a whole, it may 
propose amendments, or it may refuse to act at all. If 
the Senate amends the treaty it is practically a new one, 
and both the President and the foreign power must 
assent to it in its new form. The fourth step is an ex- 
change of ratifications. This is a formal act by which 
the powers concerned signify that all the steps re- 
quired to make the treaty binding have been taken. 
Finally, the President publishes the treaty and by pro- 
clamation declares it to be a part of the law of the land. 
The Senate considers treaties in executive session, and 
its advice and consent in most cases is merely approval 
or disapproval of what the President has done. A two- 
thirds vote of the Senate is necessary for the ratification 
of a treaty. 

4 1 5. Appointment of OflS.cers. — The President 
nominates, and by and with the advice and consent of 
the Senate, appoints ambassadors, other public ministers, 
and consuls, judges of the Supreme Court, and all other 
officers of the United States that are provided for by law, 
unless the Constitution itself provides for them. Con- 
gress may, however, place the appointment of such in- 
ferior officers as it thinks proper in the President alone, 
in the heads of Departments, and in the courts. The 
President appoints his private secretary and clerks. The 
appointment of a somewhat larger number of officers is 
placed in the courts, while the appointment of a very 
great number is vested in the heads of the Executive 



THE PRESIDENT'S POWERS AND DUTIES. 345 

Departments. Thus, the appointment of all postmasters 
whose salary is less than |1,000 is placed in the hands 
of the Postmaster-General. When all these exceptions 
have been made, a large number of appointments still 
remains to be made by the President and the Senate. 

416. Mode of Appointment,— The first step to be 
taken in filling an office is for the President to make a 
nomination in writing to the Senate, specifying the office 
and naming the officer. The Senate refers the nomination 
to its proper committee, as of a judge to the Committee 
on the Judiciary, or of a foreign minister or consul to 
the Committee on Foreign Relations. The committee 
investigates the subject and reports the nomination back 
to the Senate, either with or without a recommenda- 
tion that the nomination be confirmed. The Senate then 
grants or withholds its confirmation, as it is called. The 
Senate acts in such a case, as in the case of treaties, in 
executive session. If the Senate refuses to confirm, the 
President makes a second nomination, and so on until 
the place is filled. The Senate sometimes refuses to 
confirm a nomination if the Senators from the State 
where the office is, or one of them, objects to it. This 
is especially the case when the Senator or Senators be- 
long to the political party that for the time has a major- 
ity of the body. This custom, which is wholly without 
support of law, is known as the courtesy of the Senate. 

4 1 7. Ambassadors and Other Public Ministers. — 
Public ministers are representatives that one state or 
nation sends to another to look after its interests. Ambas- 
sadors are the highest rank of ministers. The other grades 
are envoys extraordinary or ministers plenipotentiary, 
ministers-resident, commissioners, and charges d'affaires. 
The United States now have ambassadors at the capi- 
tals of ten or more important countries, and represent- 



346 THE GOVERNMENT OF THE UNITED STATES. 

atives of inferior grade at many other capitals. The 
salaries paid these representatives, who are collectively 
called the diplomatic service, range from $5,000 to 
11*7,500. The duties and rights of ministers are defined 
by the Law of Nations, called also International Law. 

4 1 8. Receiving Ministers. — It is the duty of the 
President to receive ambassadors and other public min- 
isters sent by foreign powers to our Government. This 
ceremony involves the recognition of the power from 
which the minister comes, and also his own recognition as 
a man acceptable to the United States. The President 
can refuse to receive a minister because he is personally 
objectionable, and can dismiss him for the same reason. 

4 i 9. Consuls. — The duties of consuls are fixed by 
treaties and by the municipal law of the nation appoint- 
ing them. In general it may be said that they look after 
the commercial interests of the country at large, and as- 
sist their countrymen in obtaining commercial rights and 
privileges. They also perform many other duties. They 
are business agents and do not rank as ministers. Some- 
times, however, diplomatic duties are entrusted to them. 
A consul-general exercises supervision over the consuls 
of his country within the country to which he is sent, 
or within some designated portion of it. The President 
appoints about 60 consuls-general and about 250 consuls. 
They receive salaries, ranging from ^2000 to ^12,000 a 
year. 

420. Military and Naval Officers. — Unless other- 
wise provided by law, military and naval officers are 
appointed in the same manner as civil officers. Still the 
President, as commander-in-chief, has exclusive control 
of the commands to which they are assigned. He assigns 
officers to their places of duty, and removes them for 
what he deems sufficient reasons. Since 1866 the law 



THE president's POWERS AND DUTIES. 347 

has been that no officer in the military or naval service 
shall, in time of peace, be dismissed from service except 
upon, and in pursuance of, the sentence of a court-mar- 
tial, or in commutation thereof. 

42 I . Removal from Office. — The President has the 
power of removal as well as of appointment. When the 
Senate is in session a removal is made in the following 
way: The President sends to the Senate a nomination, 
just as though the office were not already filled. If the 
Senate confirms this nomination, the President then com- 
missions the officer and he enters upon the duties of his 
office. The former incumbent holds the office until the 
last of these steps has been taken. If the Senate 
refuses to confirm, the President must send in a second 
nomination or allow the incumbent to remain undis- 
turbed. In a recess of the Senate a removal is made 
in a somewhat simpler way. The President now ap- 
points directly, and at the same time gives the appointee 
his commission, who enters upon his office at once. 
When the Senate meets at its next session, the Presi- 
dent must send to that body, for its action, the name of 
the appointee. If the Senate confirms the nomination, 
that is the end of the matter. If it refuses to confirm, 
the President must then make a second nomination. In 
either case the removal of the former incumbent is final 
and absolute. 

422. "Vacancies. — When a vacancy in any office oc- 
curs while the Senate is in session, the President makes 
a nomination, and matters proceed just as explained in 
the last paragraph. When the vacancy occurs in a recess 
of the Senate, the President appoints and commissions 
the officer, and the Senate acts on the nomination at its 
next session just as in the case of a removal made in the 
recess. 



348 THE GOVERNMENT OF THE UNITED STATES. 

423. The Civil Service. — The persons who serve the 
Government in civil ornon-miHtary capacities are collect- 
ively called the civil service. They are divided into two 
classes called officers and employes. The two classes are 
not separated by any consistent rule or practice. Officers, 
who are much inferior in numbers to employes, are ap- 
pointed and removed. Employes are employed and dis- 
charged; not appointed and removed. Laborers in the 
navy yards, arsenals, and the like are employes; so are 
many persons in continued service at custom houses and 
in other offices as well as many clerks. In 1893 the civil 
service consisted of about 200,000 persons. Of these 
69,000 were postmasters and 40,000 others served in the 
Post-office Department. Twenty-two thousand were 
workmen. The others were distributed among the other 
Departments of the Government. 

424. Civil Service Reform. — Until a short time ago 
it was the custom for the President and others who were 
clothed with the appointing power to make appoint- 
ments and removals of officers for political reasons. 
The same practice prevailed also in respect to employes. 
On a change of the administration, and especially when 
it involved a change of party, great numbers of officers 
and employes would be removed or discharged to make 
room for others. A Democratic administration was 
expected to turn out the Republicans, and a Republican 
administration to turn out the Democrats. This was 
called the spoils system. Soon after the Civil War 
the civil service began to attract the attention of the 
country. Men saw that the spoils system was ac- 
companied by great abuses and corruption. In 1882 
an act was passed under which the service has been 
materially reformed. This act does not apply to any 
office where the joint action of the President and 



THE president's POWERS AND DUTIES. 349 

Senate is required to make an appointment. It pro- 
vides that in the Departments at Washington, and 
in custom-houses and post-offices where as many as 
fifty clerks are employed, appointments shall be made 
by reason of merit or fitness. Competitive exam- 
inations are held, and when a new appointment is 
to be made in any Department or office, as to fill a 
vacancy, it must be filled from the four persons stand- 
ing highest on the list of those who have passed the 
examinations. This is called the eligible list. Every 
State or Territory is entitled to its fair share of the ap- 
pointments, and no person can be finally appointed until 
he has served a probation of six months. This is called 
the merit system. The President, in the exercise of his 
discretion as the executive head of the Government, has 
extended this system to many classes of officers and 
employes that the law does not in terms include. Men- 
tion may be made of the Government Printing Office 
and of the Postal Railway Service. 

425. The President's Message. — The President is 
required to give Congress information of the state of 
the Union from time to time, and to recommend to its 
consideration such measures as, in his judgment, are 
necessary and expedient for the good of the country. 
At the opening of each session of Congress, he 
sends to the Houses a written communication that is 
styled a message, conveying such information and 
making such recommendations. He also sends in from 
time to time special messages, conveying special infor- 
mation or recommendations as occasion requires. The 
communications in which the President makes nomina- 
tions, transmits treaties to the Senate, and assigns his 
reasons for refusing to sign bills are also known as 
messages. The heads of the several Departments make 



350 THE GOVERNMENT OF THE UNITED STATES. 

annual reports to the President, and these the President 
transmits at the same time that he sends in his annual 
message. Collectively they are called the Executive 
Documents. 

426. Special Sessions of Congress.— The Presi- 
dent, on extraordinary occasions, may call the Houses of 
Congress together in special session. In such cases he 
transmits a message explaining why he does so, and 
recommending such action as he thinks necessary to be 
taken. He may also convene either House of Congress 
alone, and it is the custom for the President, just before 
retiring from office, to issue a proclamation calling the 
Senate together immediately following the inauguration 
of his successor. This gives the new President an 
opportunity to nominate his Cabinet and such other 
officers as he thinks important to appoint at that time. 
No President has ever found it necessarv to call the 
House of Representatives by itself. 



CHAPTER XXXIII. 

THE EXECUTIVE DEPARTMENTS. 

The American Government. Sections §11-524.. 

The executive business of the Government is trans- 
acted through the nine Executive Departments, 
that Congress has by lav^^ created. The President's 
office in the White House exists only for his per- 
sonal convenience and is not an office of record. All 
the public records are kept in the Departments through 
which the business is transacted. The Departments are 
established in Government buildings in Washington. 
The names of the Departments, v^^ith the dates of their 
establishment, are as follows: State, Treasury, War, 
Justice, formerly called the Office of the Attorney 
General, and Post-Office, 1789; Navy, 1798; Interior, 
1849 ; Agriculture, 1889 ; and Commerce and Labor, 
1903. The heads of these Departments all receive the 
same salary, ;^12,000 a year. 

427. Department of State. — At the head of this De- 
partment stands the Secretary of State, who is considered 
the head of the Cabinet. There are also three Assistant 
Secretaries of State. Under the direction of the President, 
the Secretary conducts the foreign and diplomatic 
business of the country. The originals of all treaties, 
laws, and foreign correspondence are in his custody. 
He also has in his possession the seal of the United 
States, and affixes it to public documents that require 
it, and also authenticates the President's proclamations 
with his signature. The business of the Department 
is conducted through various bureaus, such as the Bureau 

351 



352 THE GOVERNMENT OF THE UNITED STATES. 

of Indexes and Archives, the Diplomatic and the Con- 
sular Bureaus, etc. 

428. Department of the Treasury. — The Secretary 
of the Treasury proposes plans for the public revenues 
and credit, prescribes the manner of keeping the pubHc 
accounts, superintends the collection of the revenue, 
issues warrants for the payment of moneys appropriated 
by Congress, and makes an annual report of the state 
of the finances. The several auditors of the Department 
examine and settle the accounts of the different branches 
of the public service. The Comptroller supervises the 
work of the auditors. The Register signs all bonds, 
notes, silver and gold certificates, etc., of the United 
States, and keeps a record of them. The Treasurer has 
the moneys of the Government in his custody, receiving 
and disbursing them. The Comptroller of the Currency 
looks after the National Banks, and the Commissioner of 
Internal Revenue after that part of the public service. 
There are also directors of the Mint and of the Bureau 
of Engraving and Printing. The head of the Depart- 
ment is assisted by three Assistant Secretaries. 

429. Department of War.— The Secretary of War 
directs the military affairs of the Government. He 
superintends the purchase of military supplies, directs 
army transportation and the distribution of stores, has 
the oversight of the Military Academy at West Point, 
and looks after the supply of arms and munitions of war. 
The Chief of Staff is the Secretary's professional adviser, 
and supervises the ten bureaus of the Department, 
namely, those of the Adjutant, Inspector, Judge- Advo- 
cate, Quartermaster, Commissary, Paymaster, and Sur- 
geon Generals, the Chief of Engineers, the Chief of 
Ordnance, and the Chief Signal Officer. There is also 
an Assistant Secretary of War. 



THE EXECUTIVE DEPARTMENTS. 353 

430. Department of Justice. — The head of this De- 
partment is the Attorney-General, who is the responsible 
adviser of the President and the heads of the other 
Executive Departments on matters of law. He and his 
assistants look after the interests of the Government in 
the courts, prosecuting or defending law suits to which 
the United States are a party, and passing upon the titles 
of all lands purchased by the Government for forts' or 
public buildings. There are in the Department a 
Solicitor General, several Assistant Attorney-Generals, a 
Solicitor of the Treasury, a Solicitor of Internal Rev- 
enue, a Solicitor for the Department of State, and many 
other assistants. The District Attorneys in the differ- 
ent judicial districts are also under the direction of the 
Attorney-General. 

43 I . Post - Office Department. — Subject to the 
President, the Postmaster-General is the head of the vast 
postal service of the country. He has a larger number of 
subordinates than all the other heads of Departments 
together. The First Assistant Postmaster-General has 
general charge of post-offices and postmasters and their 
appointment and instruction, of bonds and commis- 
sions, salaries and allowances, and the city free de- 
livery system. The Second Assistant has charge of 
the transportation of mails, including contracts, inspec- 
tion, railway adjustments, mail equipment, railway mail 
service, and foreign mails. The Third Assistant has 
general charge of the finances of the department, includ- 
ing accounts and drafts, postage stamps and stamped 
envelopes, registered letters, and classification of mail 
matter. The Fourth Assistant has general charge of the 
rural free deHvery system, post-office suppHes (blanks, 
stationery, etc.), dead letters, and the making of post- 
route maps. 



354 THE GOVERNMENT OF THE UNITED STATES. 

432. Department of the Navy. — The Secretary of 
the Navy stands to this Department in the same relation 
that the Secretary of War stands to the War Department. 
There is one Assistant Secretary. The several bureaus 
of the department are : Yards and Docks, Equipment, 
Navigation, Ordnance, Medicine and Surgery, Supplies 
and Accounts, Steam Engineering, Construction and 
Repair. The Military Academy at Annapolis is also 
subject to the Secretary of the Navy. 

433. Department of the Interior. — The business in- 
trusted to the Department of the Interior is more mis- 
cellaneous and diversified in character than that intrusted 
to any other Department. The Secretary has general 
oversight of the Patent Office, General Land Office, 
Bureau of Pensions, Indian affairs, and the Office of 
Education. The most extensive of these subordinate 
offices is that of Pensions, which disburses ^140,000,000 
annually. The Commissioner of Education collects facts 
and statistics in regard to education and publishes them 
in an annual report. There are two Assistant Secre- 
taries of the Interior. 

434. Department of AgricnltTire. — It is the duty of 
the Secretary of Agriculture to diffuse among the people 
useful information on the subject of agriculture, in the 
most general and comprehensive sense of that term. 
He has the supervision of all quarantine regulations 
for the detention and examination of cattle exported 
and imported that may be subject to contagious diseases. 
The Weather Bureau, over which " Old Probabilities " 
presides, is in this Department. There is one Assistant 
Secretary. 

434a. Department of Commerce and Labor.— It is 
the duty of this Department to promote ' * the foreign 
and domestic commerce, the mining, manufacturing, 



THE EXECUTIVE DEPARTMENTS. 355 

shipping-, and fishery industries, the labor interests, and 
the transportation facihties. " This it does largely by 
the publication of statistics and other information. It 
also enforces the laws for the protection and regulation 
of commerce. Among the Bureaus included in this 
Department are those of Statistics, Manufactures, Cor- 
porations, Labor, Immigration, and Navigation, the 
Lighthouse Board, the Census Office, and the Commis- 
sion of Fish and Fisheries. At the head of the Depart- 
ment is the Secretary of Commerce and Labor ; there 
is also an Assistant Secretary. 

435. The Cabinet.— The heads of the nine Depart- 
ments constitute what is called the Cabinet. This 
name, however, is a popular and not a legal one. The 
law creates the Departments and defines the duties of 
their heads. The Constitution empowers the President 
to call for the opinions in writing of these officers on mat- 
ters relating to their several duties. The heads of De- 
partments are responsible to the country so far as their 
duties are definedby law; for the rest they are respon- 
sible to the President. They meet frequently with the 
President to discuss public business. The President 
defers more or less, as he pleases, to the views that they 
offer, as he does to the views that they expressed singly 
in writing or in conversation, but the Cabinet as such 
has no legal existence and is not responsible. No 
official record is made of its meetings. The Constitution 
makes the President alone accountable for the faithful 
execution of the laws. Heads of Departments hold 
their offices subject to the President's will; but he holds, 
with exceptions given, four years.* 

1 See the Cabinet and the President's responsibility. See The 
American Govern^nent, paragraphs 522. 523. 524. and Note. 



CHAPTER XXXIV. 

THE JUDICIAL DEPARTMENT. 

The American Government. Sections 52^-^77. 

The third of the independent branches of the Govern- 
ment of the United States created by the Constitution is 
the Judiciary. Its functions and organization will now 
be described. 

436. Judicial Power Defined. — It is the business 
of the judiciary to interpret the law and apply it to the 
ordinary affairs of life. The judiciary does not make the 
law, but it declares what is law and what is not. This it 
does in the trial of cases, popularly called lawsuits. A 
case is some subject of controversy on which the judicial 
power can act when it has been suomitted in the man- 
ner prescribed by law. It is particularly to be noted 
that the judicial power is strictly limited to the trial and 
determination of cases. Some cases involve questions 
of law, some questions of fact, some questions of both fact 
and law, and all come within the scope of the judicial 
power. A court is a particular organization of judicial 
power for the trial and determination of cases at law. 

437. Vesting the Judicial Power. — The judicial 
power of the United States is vested in one Supreme 
Court and in such inferior courts as Congress sees fit to 
ordain and establish. The Constitution thus creates the 
Supreme Court, and it also provides that its head shall 
be the Chief Justice of the United States. At the 
present time the inferior courts are the District Court, 
the Circuit Court, the Circuit Court of Appeals, the 

356 



THE JUDICIAL DEPARTMENT. 357 

Court of Claims, and the Courts of the District of 
Columbia and the Territories. 

438. Extent of the Judicial Power. — The judicial 
power is co-extensive with the sphere of the National 
Government. It embraces all cases that may arise under 
the Constitution and the laws of the United States, and 
the treaties entered into with foreign nations. It includes 
all cases affecting ambassadors, other public ministers, 
and consuls; all cases of admiralty and maritime juris- 
prudence; cases to which the United States are a party; 
cases that arise between two or more States, or between 
a State and foreign states; cases between citizens of 
different States, and cases between citizens of the same 
State who claim lands granted by different States, and 
cases between citizens of a State and foreign states, 
citizens, or subjects. 

439. Kinds of Jurisdiction. — A court has jurisdic- 
tion of a case or suit at law when it may try it, or take some 
particular action with regard to it. There are several 
kinds of jurisdiction. A court has original jurisdiction 
of a case when the case may be brought or begun in that 
court. It has appellate jurisdiction when it may re-hear 
or re-examine a case that has been decided or has 
been begun in some inferior court. The methods by which 
this is done are called appeal and writ of error. An 
appeal brings up the whole question, both law and fact, 
for re-examination; a writ of error, the law only. A 
court has exclusive jurisdiction of a case when it is the 
only court that can try it or can dispose of it in some 
particular manner. Two or more courts have concurrent 
jurisdiction of a case when either one may try it, pro- 
vided the case comes properly before it. 

440. The District Court. — Congress has created 
seventy-nine Judicial Districts, in each one of which a Dis- 



358 THE GOVERNMENT OF THE UNITED STATES. 

trict Court is organized. There is at least one district in 
every State, and in the most populous States there are 
two or more. A few of the District judges preside over 
two districts; but as a rule each district has its own 
judge, besides a District Attorney, who is the local 
law officer of the Government, a Clerk who keeps the 
records of the court and issues legal papers under its 
seal, and a Marshal who is the executive officer of the 
court. A District court must hold at least two terms 
every year. It has a limited range of jurisdiction in civil 
cases, and especially in admiralty and maritime juris- 
prudence; that is, in matters relating to shipping and 
navigation. It also has jurisdiction of many crimes 
and offenses committed in the district. 

441. The Circuit Court. — The seventy-nine districts 
are grouped in nine Circuits. The first circuit contains 
four States and four districts, the second three States and 
six districts, and soon. One of thejusticesof theSupreme 
Court is assigned to each circuit, and is called the Cir- 
cuit Justice. There are also two or more Circuit judges 
in each of the nine circuits. The Circuit court sits from 
time to time in every district that the circuit contains. It 
may be held by the Circuit Justice, by one of the Circuit 
judges, or by the District judge of the district where the 
court is for the time sitting, or by any two of these sitting 
together. The district attorneys, clerks, and marshals 
mentioned before serve these courts also. The Circuit 
court has original jurisdiction in civil cases where the 
amount in controversy is $2,000, not counting costs, in 
copyright and patent cases, and many others. It has 
original jurisdiction in criminal cases, and in capital 
cases an exclusive one. Once it was also a Court of 
Appeals from the District court, but its appellate juris- 
diction has been abolished. 



THE JUDICIAL DEPARTMENT. 359 

442. The Circuit Court of Appeals.^ — In every cir- 
cuit there is also a Circuit Court of Appeals. It consists 
of three judges, of whom two constitute a quorum. The 
Circuit Justice, the Circuit judges, and the District judges 
of the circuit are competent to sit in this court. The last, 
however, can sit only for the purpose of making a quorum 
in the absence of the Circuit Justice or of one of both of 
the Circuit judges. The law designates the places where 
these courts shall be held. First circuit, Boston; second, 
New York ; third, Philadelphia ; fourth, Richmond, 
Virginia; fifth. New Orleans; sixth, Cincinnati; seventh, 
Chicago; eighth, St. Louis, and ninth, San Francisco. 
The Circuit Court of Appeals can review many decisions 
made by the Districts and Circuit courts. In patent, 
revenue, criminal, and admiralty cases its decisions are 
final. These courts are exclusively courts of appeals, 
and they were created expressly to relieve the Supreme 
Court of a part of its business. 

443. The Court of Claims. — The Government of the 
United States carries on vast business operations, and, 
as is natural, points of dispute are constantly arising. 
Formerly a person having a claim against the Govern- 
ment that the Executive Departments could not or would 
not pay, had no redress but to go to Congress for relief. 
This was unsatisfactory both to claimants and to the 
Government. To meet this difficulty, the Court of 
Claims was created and was given jurisdiction over cer- 
tain classes of claims against the Government. The 
method of procedure is for the claimant to enter a suit 
in court, which is regularly tried and determined. If 
judgment is rendered against the Government, Congress 
appropriates money to pay it. This court consists of a 
Chief Justice and four Associate Justices, and sits only 
in Washington. Congress has also vested a limited 



360 THE GOVERNMENT OF THE UNITED STATES. 

jurisdiction in respect to claims in the District and 
Circuit courts also. 

444. The Federal District and the Territories. — 
Congress has established special courts for the District of 
Columbia and the Territories. The Supreme Court of 
the District consists of a Chief Justice and five Associate 
Justices, any one of whom may hold a court with power 
similar to that exercised by the District judges in the 
States. The Territorial judicial system is similar to 
this, but the judges are fewer in number. 

445. The Supreme Court.— The Supreme Court con- 
sists of the Chief Justice of the United States and eight 
Associate Justices. It holds one regular term each year 
at Washington, beginning the second Monday of Octo- 
ber. This court has original jurisdiction in all cases 
relating to ambassadors and other public ministers and 
consuls, and those to which a State is a party. It has 
appellate jurisdiction, both as to law and fact, in all 
cases originating in the inferior courts, save such as 
Congress by law shall except. Nearly all the cases that 
the Supreme Court passes upon are appellate cases. 
Appeals may be made to it, and writs of error lie to it, 
from the District and Circuit courts, from the Court of 
Appeals, and from the Supreme Courts of the Federal 
District and the Territories. 

446. Appointment of Judges. — The National judges 
are appointed by the President by and with the advice 
and consent of the Senate. The appointments are for 
good behavior, by which expression official behavior is 
meant. Nothing is more necessary to a judicial system 
than the independence of the judges. If they were 
elected by the popular vote, they might court the popu- 
lar favor to secure an election. If they served for fixed 
periods, they might court the Senate and President to 



THE JUDICIAL DEPARTMENT. 36 1 

secure re-appointment. The courts of the Federal 
District and of the Territories do not come within the 
Constitutional provisions. However, Congress has 
made the tenure of the first good behavior, and of the 
second a term of four years. 

447. Pay of the Judges. — The salary of a judge can 
not be diminished while he continues in office, but it may 
be increased. If Congress could reduce the judge's salary 
after he had enteired upon his term, it might control his 
action and make him dependent upon its will. The 
salary of the Chief Justice is ^13,000; of the Associate 
Justices, ;^12,500; of the Circuit Judges, ;^7,000; and 
of District Judges, $Q, 000. Any judge who has held his 
commission ten years and has attained to the age of 
seventy, may resign his office and continue to draw his 
salary during the remainder of his life. 

448. Concurrent Jurisdiction of National and 
State Courts. — The Constitution gives the Supreme 
Court an original jurisdiction in cases affecting public 
ministers and consuls, and cases to which a State may be 
a party. Congress has gone further and declared the 
jurisdiction of the National courts in certain cases to 
be an exclusive one. Patent and admiralty cases, for 
example, are of this class. Outside of this exclusive 
jurisdiction. Congress has given the State courts a civil 
jurisdiction concurrent with that of the National courts. 
Still more, some criminal offenses under the National 
laws may be prosecuted in the State courts, as those 
arising under the postal laws. 

449. Appeals from State Courts. — The Constitu- 
tion, laws, and treaties of the United States are the su- 
preme law of the land. If the constitution or the laws of 
a State conflict in any way with this supreme law, such 
constitution or laws, so far as the confliction extends. 



362 THE GOVERNMENT OF THE UNITED STATES. 

are null and void. Moreover, the power to decide what 
is, and what is not, a confliction with the National 
authority rests with the National judiciary. Hence, any 
case arising in the courts of a State that involves the 
National authority may be appealed to the National 
courts. Such cases are said to involve Federal ques- 
tions. To this extent, therefore, the courts of the United 
States are the final and authoritative interpreters of the 
constitutions and laws of the States. 

450. Rules Regulating Trials. — A jury system 
like that found in the States is a part of the National 
judiciary. All crimes, save in cases of impeachment, 
must be tried by an impartial jury of the State and 
judicial district where they have been committed. 
Crimes committed in the Federal District or in a Terri- 
tory must be tried in the District or Territory. Crimes 
committed on the sea are tried in the district in which 
the accused is arrested, or into which he is first brought 
when the ship returns to the United States. No person 
can be put on trial for a capital or infamous crime until 
he has first been indicted by a grand jury; in such case 
the trial must be a speedy and public one, and the accused 
must be informed of the accusation made against him. 
He shall have the benefit of the compulsory power of the 
court to compel the attendance of witnesses, and shall 
also have the assistance of a lawyer for his defense. Ex- 
cessive bail can not be required, or excessive fines be 
imposed, or cruel or unnatural punishments be inflicted. 
No person who has once been tried for an offense and 
found innocent, can be put on trial for that offense the 
second time. In a criminal case no man can be com- 
pelled to testify against himself, nor can any person be 
deprived of life, liberty, or property until he has been 
adjudged guilty according to the common course of the 



THE JUDICIAL DEPARTMENT. 363 

law. In any civil suit at common law where the amount 
in controversy is more than twenty dollars, the right of 
trial by jury is also preserved. Rules like these will be 
found in the jurisprudence of the several States. These 
rules, however, relate exclusively to the National tribu- 
nals. The Fourteenth Amendment declares that no State 
shall deprive any person of life, liberty, or property 
without due process of law. 

45 I . Military Courts. — Cases arising in the military 
and naval service are tried in special courts called 
courts-martial. This is true of the militia also when they 
are employed in the public service in time of war or 
public danger. In all such cases as these the rule in 
regard to an indictment by a grand jury has no appli- 
cation. 

452. Treason. — Treason against the United States is 
either making war against them, or siding with their ene- 
mies, rendering them aid and comfort. No person can be 
convicted of this crime, which is considered the greatest 
of all crimes, except on the testimony of two witnesses 
to the same offense, or on his own confession of guilt 
in open court. Congress has enacted two modes of 
punishment for treason at the discretion of the judge 
trying the case. The traitor shall suffer death; or he 
shall be imprisoned at hard labor for not less than 
five years, be fined not less than |10,000, and be pro- 
nounced incapable of holding any office under the United 
States. 



CHAPTER XXXV. 

NEW STATES AND THE TERRITORIAL SYSTEM. 

The American Government. Sections j^^-jp/. 

The Territorial System of the United States has 
played a very important part in their history. It is 
proposed in this chapter to show how it originated, and 
to describe its principal features. 

453. The Original Public Domain. — At the time of 
the Revolution seven of the thirteen States claimed 
the wild lands lying west of the Alleghany Mountains 
and extending to the Mississippi River and the Northern 
Lakes. These were then National boundaries. In 
time these States yielded their claims. When the Con- 
stitution was framed in 1787, the country northwest 
of the Ohio River had already come into possession 
of the Old Congress. The Southern cessions were 
made later. In general, the cessions to the Nation in- 
cluded both soil and jurisdiction — the ownership of the 
land and the right to govern the territory. The North- 
western cessions constituted the first Public Domain of 
the United States; that is, a territory belonging to the 
Nation in common. The Constitution gave Congress 
the power to dispose of the National territory, and to 
make all needful rules and regulations for its govern- 
ment. Before this, however. Congress had established 
a government over the existing domain, which was styled 
the Northwest Territory. 

454. Annexations.— Besides the islands acquired in 
1898 and after, seven annexations of territory have 
been made to the United States: Louisiana purchase, 

364 



NEW STATES AND THE TERRITORIAL SYSTEM. 365 

1803; Florida, 1819; Texas 1845; Oregon, 1846; the two 
Mexican annexations, 1848 and 1853, and Alaska, 1867. 
These annexations, with a single exception, were additions 
to the public domain and became at once subject to the 
control of Congress. This exception was Texas, which 
had been an independent power and was admitted to the 
Union as a State at once without passing through the 
Territorial probation. Subsequently Texas sold that 
part of her dominion which now forms the eastern part 
of the Territory of New Mexico to the United States. 

455. Provision for New States. — The claimant 
States made their cessions of Western territory on the con- 
dition that, as rapidly as it became ready, such territory 
should be divided into new States to be admitted to the 
Union on an equality with the old ones. So a provision 
was inserted in the Constitution that authorized Con- 
gress to admit new States to the Union. But this was 
not all; some controversies had already arisen concern- 
ing the formation of new States out of old ones. So it 
was provided that no new State should be formed within 
the jurisdiction of any State, nor should any new State 
be formed by uniting two or more States, without the 
consent of the Legislatures concerned as well as of 
Congress. 

456. Territories of the United States. — In a broad 
sense the whole dominion of the United States is their 
territory, States and Territories alike. But in common 
usage the term territory is limited to so much of the whole 
dominion as has not been formed into States. Still further, 
as thus limited the word is employed in two senses. 
An organized Territory is a part of the dominion having 
certain boundaries and a fully developed Territorial 
Government. Arizona, New Mexico, and Hawaii are 
now the only Territories of this class. An unorganized 



366 THE GOVERNMENT OF THE UNITED STATES. 

Territory either has no government at all, or has a very 
rudimentary one carried on by officers sent from Washing- 
ton. Thus civil government is administered in Alaska, 
which is an unorganized Territory, by a Governor 
and other officers appointed by the President and 
Senate. 

457. G-overnment of an Organized Territory. — 
Such a government is set up by Congress. The Governor, 
Secretary, and Territorial Judges are appointed by the 
President for four years, and are paid from the National 
Treasury. The Legislature consists of a house of 
representatives and a council, the members of vi^hich 
are elected by the qualified voters of the territory. 
The Legislature legislates on subjects of local con- 
cern, subject to the Constitution and laws of the 
United States. For example, it may establish counties 
and townships and local self-government for the people. 
It may also establish a Territorial system of schools. 
The Governor exercises powers similar to those exer- 
cised by the Governor of a State, while the Secretary 
performs duties similar to those performed by a State 
Secretary of State. There are also a District Attor- 
ney and a Marshal appointed by the President. A 
Territory can not be represented in Congress or partici- 
pate in the election of President and Vice-President. 
Still an organized Territory is permitted to send a dele- 
gate elected by the people to the House of Representa- 
tives, who may speak but not vote. It will be seen that 
the status of a Territory is in all respects inferior to that 
of a State. A Territory is an inchoate State. 

458. Admission of New States. — This subject has 
been committed wholly to the discretion of Congress. 
Congress makes the boundaries of the State, fixes the 
conditions of admission, gives the State its name and 



NEW STATES AND THE TERRITORIAL SYSTEM. 36/ 

determines the time of admission. Congress settles some 
of the details in the act creating the Territory, and still 
others in a law providing for its admission called an Ena- 
bling Act. The principal steps to betaken are the follow- 
ing: First, the people of the Territory elect the members 
of a convention to frame a State constitution. Secondly, 
the convention thus elected performs the duty duly com- 
mitted to it. Thirdly, the constitution is submitted to 
the people for their approval. Fourthly, Representa- 
tives and Senators are elected to represent the new 
State in Congress. Fifthly, comes the formal act of 
admission, which is sometimes performed by the Presi- 
dent, who issues a proclamation to that effect in com- 
pliance with a law previously passed, and sometimes is 
performed by Congress passing an act called an act of 
admission. 

459. States Admitted. — Thirty-three new States 
have been admitted to the Union. Vermont, Maine, 
West Virginia, and Kentucky were formed from old 
States and were never Territories. The facts in regard 
to Texas have been stated already. The other States, 
twenty-eight in number, have been formed from the 
public domain ; and, save California alone, have passed 
through the Territorial probation. 

460. Dependencies. — After the Spanish-American 
war of 1898 a modified form of Territorial government 
was developed for the foreign dependencies of the United 
States. Porto Rico and the PhiUppines each have a 
legislature, of which one branch is elected by popular 
vote, and they are represented at Washington by *' resi- 
dent commissioners," who act much like Territorial 
delegates. In each of these dependencies the local 
subdivisions are given large powers of local self- 
government. 



368 THE GOVERNMENT OF THE UNITED STATES. 

46 I . The Public Lands. — Beginning in Southeastern 
Ohio, in 1786, the Government has caused the public 
lands to be surveyed according to a practically uniform 
system. They are first cut up into townships six miles 
square, and then these are subdivided into sections of 
640 acres, which again are divided into lots of 160, 80, 
and 40 acres. The sections are now numbered, back 
and forth, in the following manner: 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


'' 


32 


33 


34 


35 


36 



Such a township as this is called a Congressional town- 
ship. As a rule, the States have based their divisions of 
counties and townships on the Government surveys, and 
it is this fact that gives the maps of the Western States 
such a checker-board appearance. In general Congress 
has followed a very liberal policy in respect to the public 
lands, selling them at low prices, giving them away 
as bounties to soldiers and to settlers under the 
homestead law, and granting them to States and rail- 
roads and other corporations to stimulate education 
and public improvements. 

462. School Lands. — Beginning with Ohio, admitted 
to the Union in 1803, and continuing to Wisconsin, ad- 



NEW STATES AND THE TERRITORIAL SYSTEM. 369 



mitted in 1848, Congress gave section No. 16 in every 
Congressional township to the people of the township 
for the use of common schools. Beginning with Cali- 
fornia, in 1850, and continuing to the present, it has given 
sections 16 and 36 in every township for that purpose. 
Congress has also given every public-land State, or State 
formed out of the domain, two townships of land for the 
support of a State university, and some of them more 
than two. It has also given lands for agricultural colleges 
and normal schools, and for other educational purposes. 
463. New States. — The following table contains the 
names of the new States, and the dates of their admis- 
sion to the Union: 



Vermont, March 4, 1791. 
Kentucky, June 1, 1792. 
Tennessee, June 1, 1796. 
Ohio, February 19, 1803. 
Ivouisiana, April 8, 1812. 
Indiana, December 11, 1816. 
Mississippi, December 10,1817. 
Illinois, December 3, 1818. 
Alabama, December 14, 1819. 
Maine, March 15, 1820. 
Missouri, August 10, 1821. 
Arkansas, June 15, 1836. 
Michigan, January 26, 1837. 
Florida, March 3, 1845. 
Texas, December 29, 1845. 
Iowa, December 28, 1846. 



Wisconsin, May 29, 1848. 
California, September 9, 1850. 
Minnesota, May 11, 1858. 
Oregon, February 14, 1859. 
Kansas, January 29, 1861. 
West Virginia, June 19, 1863. 
Nevada, October 31, 1864. 
Nebraska, March 1, 1867. 
Colorado, August 1, 1876. 
North Dakota, Nov. 2, 1889. 
South Dakota, Nov. 2, 1889. 
Montana, November 8, 1889. 
Washington, Nov. 11, 1889. 
Idaho, July 3, 1890. 
Wyoming. July IT), 1891. 
Utah, January 4, 1896. 



Oklahoma, November 16, 1907. 



CHAPTER XXXVI. 

RELATIONS OF THE STATES AND THE UNION. 

The American Government. Sections 419-44^; 578-§83; 598-603; 
608-620; 623-681; 6^^.4.-654; 773-782. 

Part II of this work describes the government of a 
single State. The preceding chapter of this Third Part 
describe the Government of the Union in its general 
features. It is very obvious that either one of these 
governments, by itself, would be very imperfect. It is 
equally obvious that they supplement each other. Each 
one is essential to the other and to society, and neither 
one is more essential than the other. The two together 
make up one system of government. The governments 
of the States are part of the Government of the Union, 
and the Government of the Union is a part of the gov- 
ernments of the States. The citizen is subject to two 
jurisdictions, one State and one National. Both of 
these jurisdictions have been created by the Ameri- 
can people, and each one is exclusive and independ- 
ent within its sphere. In other words, the United 
States are a federal state, and their Government is a 
federal government. Moreover, experience shows that 
such governments are complicated and delicate, and that 
they will not work well unless the two parts, local and 
general, are well adapted each to each like the parts of 
a machine. 

464. The State Sphere. — The sphere of the State is 
well marked off. Matters of local and State concern are 
committed to its exclusive authority. Within its sphere, 

370 



RELATIONS OF THE STATES AND THE UNION. 3/1 

the State is perfectly free to do what it pleases, taking 
good care not to infringe upon the sphere of the Union. 
It is the great business of the State government to pre- 
serve the peace and good order of society within its 
borders. It defines civil and political rights; defines 
and punishes crime; protects the rights of property, 
of person, and of life; regulates marriage and divorce; 
provides schools and education for the people, and does 
a hundred other things that it deems necessary to pro- 
mote the physical, intellectual, and moral well-being of 
the people. 

465. The National Sphere. —This is equally well 
defined. Matters of general, common, or National interest 
are committed to the Union. Here are the powers to levy 
taxes and borrow money for National purposes; to regu- 
late foreign commerce; to conduct war; to carry on the 
post-office; to manage foreign relations, and to exercise 
the many other powers that are delegated by the National 
Constitution. It will be seen that these are matters in 
which the whole American people are interested. Within 
its sphere, the Nation is just as free and unlimited as the 
State is within the State's sphere. 

466. The State and the Union. — Neither one of 
these jurisdictions is, strictly speaking, limited to 
matters purely local or purely national. The State does 
more than merely to look after local interests. The 
Union does more than merely to see to National affairs. 
Either authority does some things that, at first thought, 
might seem to belong exclusively to the other. In this 
way, great strength is imparted to the whole system, and 
it is made to do its work more thoroughly. This a series 
of paragraphs will show. 

467. National Functions of the States. — The State 
participates directly in carrying on the Government of 



372 THE GOVERNMENT OF THE UNITED STATES. 

the Union. It defines the quahfications of electors, estab- 
lishes Congressional districts, conducts the elections of 
Representatives, elects members of the United States 
Senate, and appoints Presidential Electors. All these 
things are purely voluntary. The States cannot be com- 
pelled to do them, but if they should refuse or neglect 
to do them the whole National system would fall into 
ruins. But, more than this, the Union employs the 
State militia, and imposes duties upon the governors and 
judges of the States. 

468. Prohibitions Laid on States. — The successful 
working of the National system makes it necessary that 
certain prohibitions shall be laid on the States. No State 
can enter into any treaty, alliance, or federation; coin 
money, issue paper money, make anything but gold 
and silver a tender in payment of debts, pass any law 
interfering with contracts, or grant any title of nobility. 
No State, without the consent of Congress, can levy 
duties or imposts on imports and exports, beyond what is 
necessary to pay the cost of its inspection service. No 
State can, without the consent of Congress, lay any ton- 
nage tax on ships, keep troops or ships of war in time of 
peace, or enter into any compact or agreement with an- 
other State or a foreign power. No State can engage 
in war, unless it is actually invaded or in immediate 
danger of invasion. 

469. Duties of State to State. — If the National 
System is to work smoothly, it is obvious that a good 
understanding among the States is necessary. The Con- 
stitution accordingly lays various commands upon the 
States in respect to their relations one to another. The 
acts, records, and judicial processes of any State are re- 
spected by every other State, so far as they can have any 
application. For example, a marriage contracted or a 



RELATIONS OF THE STATES AND THE UNION. '^J ^ 

divorce granted in one State is a marriage or a divorce in 
every other State. Citizens of one State passing into an- 
other State are entitled to all the rights and privileges 
that the citizens of such State enjoy. If a person who is 
charged with any crime in one State flees from justice 
and is found in another State, it is the duty of the Gov- 
ernor of the State to which he has fled to surrender him 
on the demand of the Governor of the State from which 
he has fled, that he may be brought to trial and, if guilty, 
to punishment. 

470. Privileges and Immunities of Citizens. — 
Section one of Amendment XIV. declares all persons 
born and naturalized in the United States and subject to 
their jurisdiction, to be citizens of the United States and 
of the State wherein they reside. It contains also the 
following declarations: ''No State shall make or enforce 
any law which shall abridge the privileges or immunities 
of citizens of the United States; nor shall any State 
deprive any person of life, liberty, or property, without 
due process of law; nor deny to any person within its 
jurisdiction the equal protection of the laws." 

The Union owes several important duties to the State. 

47 J. Republican Form of Government. — The 
Union guarantees to every State a republican form of gov- 
ernment. If a non-republican government should be 
established in any State by revolution or otherwise, it 
would be the duty of the Union to interfere and see that 
republican government be re-established. Power to 
decide in such cases what a republican form of govern- 
ment is, belongs to Congress. 

472. Invasion and Domestic Violence. — The Union 
must also protect the States against invasion, and in 
emergencies against domestic violence. These duties are 



374 THE GOVERNMENT OF THE UNITED STATES. 

the moie necessary because the Constitution denies to the 
States the right to keep troops and ships of war in time 
of peace. If any State is invaded it is the duty of the 
President to call out the National forces to repel the 
invasion. In the first instance it is the duty of the State 
authority to suppress domestic violence within its borders, 
but if such authority in any case thinks the assistance of 
the United States to be necessary or advisable, it has 
the right to call for such assistance. The Legislature, 
if it be in session, and otherwise the Governor, makes 
the call. This call is addressed to the President, who 
takes such steps as he thinks necessary to accomplish 
the object. 

473. The National Authority and the Public 
Peace. — There are, however, certain emergencies in 
which the President can act directly to suppress domestic 
violence. When such violence interferes with the oper- 
ations of the National Government, he need not wait 
for the State Legislature or Governor to call for assist- 
ance, but is in duty bound to act at once to protect the 
operations of the Government and so to restore the public 
peace. Thus, when the United States mails and inter- 
State commerce were interrupted in Chicago in 1894, 
President Cleveland ordered the National forces to pro- 
tect the mails and the railroads. 

474. Supremacy of the Union. — The Constitution, 
laws, and treaties of the United States are the supreme 
law of the land. They supersede State constitutions and 
laws whenever these constitutions and laws encroach upon 
the supreme law. To secure this end, the judges of the 
State courts, in interpreting and declaring the law, 
must side with the United States, rather than with the 
State, in all cases of confliction. To secure this supre- 
macy the more completely. Senators and Representatives 



RELATIONS OF THE STATES AND THE UNION. 3/5 

of the United States, members of the State Legislatures 
and all executive and judicial officers, both of the 
United States and of the States, must take an oath or 
affirmation to support the Constitution of the United 
States. But no religious faith, opinion, or rite can be 
made a qualification for holding any office of public trust 
under the United States. 

There are also many prohibitions laid upon the National 
authority. Several of these have been dealt with al- 
ready in other places; others will be mentioned in this 
place. 

475. "Writ of Habeas Corpus. — In countries where 
this writ is recognized, a sheriff or other officer, or even 
a private individual, who has a person in his custody 
whom he is depriving of his liberty, can be made to 
show cause why he holds him. The person who is 
held as a prisoner, or other person in his interest, appeals 
to a court of competent jurisdiction for a writ of habeas 
corpus, which commands the officer or other person to 
bring his prisoner into court. If he can show no suffi- 
cient cause for holding him, the prisoner is set at liberty. 
This writ is one of the great bulwarks of personal liberty, 
and the Constitution provides that the privilege of the 
writ shall not be suspended unless in time of rebellion or 
invasion when the public safety requires it. 

476. Bills of Attainder and Ex Post Facto Laws. 
— A bill of attainder is a legislative act that inflicts pun- 
ishment of some kind upon a person without a judicial 
trial. An ex post facto law is a law that places some pun- 
ishment upon an act that was not placed upon it when 
the act was done. Both the State Legislatures and Con- 
gress are forbidden to pass any bill of attainder or ex 
post facto law. 



3/6 THE GOVERNMENT OF THE UNITED STATES. 

A statement of several restrictions that are imposed 
upon the States or the Union, or both States and Union, 
may fitly close this work. 

477. Titles of Nobility. — These would plainly be 
out of character and be corrupting in tendency in a 
republican country. Republicanism assumes the equality 
of citizens. So it is provided that neither the United 
States nor any State shall grant any title of nobility. 
Furthermore, no officer of the United States can, with- 
out the consent of Congress, accept any present, office, 
or title from any king, prince, or foreign state. 

478. No National Church. — Congress can pass no 
law in relation to a state church or establishment of re- 
ligion, or prohibit the free exercise of religion. All 
churches and religions are, so far as the National author- 
ity is concerned, put on the same level. The separation of 
Church and State is a fundamental principle of Amer- 
ican polity. 

479. Freedom of Speech and the Right of Pe- 
tition. — Congress can pass no law abridging the free- 
dom of speech or of the press, or denying or limiting the 
right of citizens peaceably to assemble and to petition 
the Government for a redress of grievances. This pro- 
vision, however, is no defense of license of speech or 
printing, such as slander or libel, or of public tumult and 
disorder. 

480. Soldiers in Private Houses. — Tyrannical 
rulers have often accomplished their purpose of oppres- 
sion by quartering soldiers in the houses of citizens, to 
overawe and intimidate them. In the United States 
soldiers can not be quartered in private houses without 
the consent of the occupants in time of peace, and not 
in time of war save in a manner that is prescribed by 
law. 



RELATIONS OF THE STATES AND THE UNION. 377 

481. The Militia. — Tyrannical governments have 
often found it necessary, in order to accomplish their 
purpose, to suppress the citizen soldiery, or to deny the 
people the right to keep and to bear arms. Our Con- 
stitution provides that, since a well regulated militia is 
necessary to the security of every state, the right of the 
people to keep and bear arms shall not be infringed. 

482. Searches and Seizures. — Oppressive rulers 
have often, or generally, held themselves at perfect 
liberty to search the papers and persons of citizens or 
subjects, in order to find evidence for criminating them 
or for establishing their own tyranny the more thor- 
oughly. Our Constitution provides that the right of the 
people to be secure in their persons, houses, papers, and 
effects against unreasonable searches and seizures, shall 
not be violated. Warrants for the purpose of making 
such seizures shall not be issued by magistrates unless 
there is probable cause for issuing them, which must be 
sworn to by the complainant; and even then they must 
particularly describe the place to be searched and the 
persons and things to be seized. 



3/8 



HISTORY AND CIVrL GOVERNMENT OF IOWA. 



TOPICAL REVIEW OF THE NATIONAL GOVERNMENT. 



I. Colonial Qovemments consisted oi 

(1) An Assembly, 

(2) A Council, 

(3) A Governor, and 

(4) Courts of X,aw. 

2. The Assembly was chosen by 
the people. 

3. The Council, Governor, and 
Judges were appointed in vari- 
ous ways. 

4. The Colonists possessed the 
rights of English subjects. 

5. Parliament had power to nullify 
any law passed by the Colonies. 

6. The Colonies owed a double 
allegiance: they were subject — 

(1) To their own laws, and 

(2) To those of Great Britain. 

7. The Crown and Parliament had 
supremacy in national affairs. 

8. The Colonial Governments were 
supreme in local affairs. 

9. The attempt of Parliament to 
tax the Colonies precipitated the 
conflict which ended in inde- 
pendence. 

II. Political Effects of Independence. 

1. The Colonies became free and 
independent States. 

2. The Union that had existed 
through Great Britain now ex- 
isted through Congress. 

3. The powers of Congress were 
defined by the Articles of Con- 
federation. 

4. Their inadequacies were sup- 
plied by the Constitution. 

5. How the Constitution was 
framed. 

6. How it was ratified. 

7. The views of its friends and its 
enemies. 

8. How the government was in- 
augurated. 

9. How amendments may be pro- 
posed and ratified. 

10. The amendments enumerated 
and characterized. 

11. The preamble an enacting 
clause. 

12. The preamble involves five 
things: a. The people enact it. 
b. It establishes a more perfect 
union, c. It establishes a con- 
stitutional government. d. It 
creates a federal state, e. The 
people delegate some powers 
and reser\^e others. 

13. The provisions of the Constitu- 
tion are embodied in VII. 
articles. 

III. How Powers are Distributed. 

1. A I^egislative Department 
makes the laws. The President 
may veto and the Supreme 
Court annul them. 



2. An Executive Department en- 
forces and administers the laws. 
Congress may impeach. 

3. A Judicial Department inter- 
prets and applies. The I^egisla- 
tive Department may impeach 
and the President and the 
Senate appoint or remove. 

IV. The Legislative Department, 

1. It is bicameral — two-cham- 
bered. 

2. How the House is elected. 

3. Qualifications of Representa- 
tives and Senators. 

4. The qualifications of electors. 

5. How Senators are elected: the 
four steps. 

6. How vacancies are filled. 

7. Classes of Senators. 

8. Who may vote for Representa- 
tives. 

9. How Representatives are ap- 
portioned. 

10. The decennial census, 

11. Method of apportionment. 

12. Changes in the law: 1842, 1872, 
1873. 

13. Compensation of national legis- 
lators. 

14. Privileges of members of Con- 
gress. 

15. Prohibition affecting members 
of Congress. 

16. I,engthof each Congress. 

17. Times of meeting. 

18. Officers of the Senate. 

19. Officers of the House of Repre- 
sentatives. 

20. Each House the judge of the 
rights, qualifications, etc., ot its 
members. 

21. Quorums to transact business. 

22. Rules governing proceedings. 

23. Power to punish its own mem- 
bers. 

24. Journals and voting. 

25. Mode of Legislating. 

26. Action of the President. 

27. Orders, resolutions. 

28. The Committee system. 

29. Adjournments. 

V. Impeachments. 

1. Any Civil Officer may be im- 
peached. 

2. The House impeaches. 

3. The Senate tries impeach- 
ments. 

4. How the trial is conducted. 

5. The limit of punishment on con- 
viction. 

6. Summary of impeachments. 

VI. Powers of Congress. 

1. Taxation. 

2. Special Rules. 

3. Taxes: direct and indirect. 



THE NATIONAL GOVERNMENT. 



379 



4. Borrowing' money — Bonds and 
Treasury Notes. 

5. Commerce. 

6. Naturalization. 

7. Bankruptcies. 

8. Coinage. 

9. History of the silver dollar. 

10. Fineness, weight, and ratio of 
value of gold and silver. 

11. Gold and silver certificates. 

12. Counterfeiting:. 

13. The Independent Treasury. 

14. National Banks. 

15. "Weights and Mesaures. 

16. The postal service. 

17. Rates of postage. 

18. Copyrights and patent rights. 

19. Piraces and felonies. 

20. Power to declare war. 

21. Federal district. 

22. Power to make necessary laws. 
VII, Powers of the Executive. 

1. The executive power efi&cient. 

2. How the President and V.-P. 
are elected. 

3. How nominated. 

4. Electoral ticket. 

5. How electors are chosen. 

6. How electors vote. 

7. How their votes are counted. 

8. When electors fail to elect, the 
House elects Pres. and Senate 
V.-P. 

9. History of the electoral law. 

10. Remarks on the System. 

11. Qualifications, term, and salary. 

12. Oath of office. 

13. Duties of Vice-President, 

14. The Presidential succession. 

15. Commander-in-chief. 

16. Power to pardon, except in im- 
peachment cases. 

17. Makes treaties by aid of Senate. 

18. How treaties are made. 

19. Appointive power. 

20. The President nominates: the 
Senate confirms. 

21 . Public ministers. 

22. Recognition of countries by re- 
ceiving ministers 

23. The duties of consuls. 

24. Military and naval officers ap- 
pointed and removed. 

25. The President's power of re- 
moval. 

26. How vacancies are filled. 

27. The civil service. 

28. Civil service reform. 

29. The President's messages. 

30. Power to call special sessions of 
each or both Houses. 

nil. Executive Departments. 

1. Department of State. 

2. Department of the Treasury. 

3. Department of War. 

4. Department of Justice. 

5. Post-office Department. 

6. Department of the Navy, 

7. Department of the Interior. 

8. Department of Agriculture. 



9. The Constitution and functions 
of the Cabinet. 

IX. The Judicial Department. 

1. Its functions and powers de- 
fined. 

2. Where the power is vested. 

3. The difierent kinds of courts. 

4. The extent of the judicial 
power. 

5. Original, concurrent, and appel- 
late j urisdiction. 

6. The number of District Courts. 

7. The Circuit Courts. 

8. The Circuit Courts of Appeals. 

9. The Court of Claims. 

10. Courts of the Federal District 
and Territories. 

11. The Supreme Court. 

12. How the judges are appointed. 

13. The compensation of judges. 

14. The concurrent jurisdiction of 
National and State courts. 

15. Appeals from State courts. 

16. Rules regulating trials. 

17. Military courts. 

18. Treason and its punishment. 

X. New States and the Public Do- 

main. 

1. The origin of the public do- 
main. 

2. Annexation of territory. 

3. Provisions for new States. 

4. Territories of the United States. 

5. The government of an organ- 
ized Territory. 

6. How new States are admitted. 

7. Indian Territory. 

8. How the public lands are sur- 
veyed. 

9. Schoollands. 

10. The new States admitted. 

XI. Relation of the States to the 

Union. 

1. The sphere of a State. 

2. The sphere of the Nation. 

3. The State and the Union. 

4. National functions of the 
States. 

5. Prohibitions laid on the States. 

6. Mutual duties of States. 

7. Privileges and immunities of 
citizens. 

8. A Republican form of govern- 
ment guaranteed. 

9. Invasion and domestic violence. 

10. National authority and public 
peace. 

11. The supremacy of the Union. 

12. The writ of habeas corpus. 

13. Bills of attainder and ex post 
facto laws. 

14. No titles of nobility conferred 
— none to be accepted by public 
officers. 

15. No national church. 

16. Soldiers not to be quartered on 
citizens. 

17. The militia. 

18. Searches and seizures. 



GENERAL OUTLINE. 

HISTORY OF IOWA 
Thie Numbers refer to the paragraphs. 



I. The Beginnings of Government 

(1673-1838). 

1. Meaning of the Name Iowa. 

2. History of the Use of the 

Name. 

3. Karly Explorations. 

4. The Expedition of Captains 

I,ewis and Clarke. 

5. The Expedition of Major 

Pike. 

6. The Title to the Soil. 

7. The First White Settler. 

8. Miner of the Mines of Spain. 

9. Other Early White Settlers. 

II. The Original Inhabitants. 

10. The Indians. 

11. The Government and the 

Indians. 

12. Treaties vs^ith the Indians. 

13. The Half-Breed Tract. 

14. I^egal Efforts Regarding Ti- 

tles. 

15. Final Settlement of the Case. 

III. Iowa Territory (1838-1840). 



22. 



25. 



The Organic Act. 

The Power of the Governor. 

The Judicial Power. 

The First Governor. 

The First I,egislature. 

Controversy with the Gover- 
nor. 

Opinion of the I^egislature. 

The Appeal to Higher Power. 

The Second I^egislature. 

The Boundary Dispute with 
Missouri. 



29. 



The Position Taken by Iowa. 
A Change in Administration. 
The Seat of Government 

Moved. 
"Thel^and Claim I,aws." 

30. Organization of the Settlers. 
The Steps to Statehood. 

31. The Recommendation of the 

Governor. 

32. The First Constitutional 

Convention. 

33. The Iowa Boundary Ques- 

tion. 

34. The Act of Congress. 

35. The View of the People. 

36. The Second Attempt. 

37. Other Constitutional Ques- 

tions. 

38. The Opposition to Banks and 

Corporations. 

39. The Second Constitutional 

Convention. 

40. The Result of the Work. 

41. The Hard Times. 

The Democratic Period of State 
Control, (1846-1854). 

42. The First Steps. 

43. The Importance of the First 

State Election. 

44. The First Deadlock. 

45. The Balance of Power. 

46. The First lyegislative Investi- 

gation. 

47. The Financial Condition. 

48. The Temperance Movement. 

49. School I^egislation. 



380 



GENERAL OUTLINE 



381 



50. The First Special Session. 

51. Railroad Agitation and its 

Effect. 

52. The Klection of 1 848. 

53. The Mormon Vote 

54. The Second General Assem- 

bly. 

VI. The Transition Period in Organ- 

ization and I^egislation 
(1854-1857). 

55. A Period of Organization. 

56. The Economical Manage- 

ment of These Times. 

57. The Spirit of Speculation . 

58. The State University of Iowa. 

59. School I<egislation. 

60. The Hungarians in Iowa. 

61. The Great Seals of Iowa. 

VII. The Republican Period of State 

Control, (1857-1896). 

62. The Change in State Policy. 

63. Other Things that Hastened 

the Change. 

64. The Third Constitutional 
I Convention. 

65. Railroad I,egislation. 

66 . Effect of the New Policy. 

67. The First I^and Grants. 

68. The Des Moines River I^and 

Grant. 

69. What the United States did 

for Iowa. 

70. Founding State Institutions. 

71. The State Banking System. 

72. Temperance IvCgislation. 

VIII. Iowa in the Days of Contro- 

versy and War (1859-1865) . 

73. The Slavery Question. 

74. Controversies over Suffrage. 

75. The Republican Party Su- 

preme. 

76. The Campaign of 1860. 

77. The Meeting of the Crisis. 

78. The Effect of the War. 

79. Iowa in the War of the Re- 

bellion. 

80. The Sioux Indian and the 

Settler. 

81. The Spirit I,ake Massacre. 

82. The Outrages Committed. 

83. The Monument. 



IX. The State Institutions and Socie- 
ties. 

84. The Policy of the State. 

85. The Penitentiaries. 

86. The Soldiers' Home. 

87. The Hospitals for the Insane. 

88. The Hospital for Inebriates. 

89. The College for the Blind. 

90. The School for the Deaf. 

91. The Industrial Schools. 

92. The Institution for the 

Feebleminded. 

93. The Soldiers' Orphans' 

Home. 

94. The State Agricultural Col- 

lege. 

95. The State University. 

96. The State Normal School. 

97. The State Library. 

98. The State Geological Sur- 

veys. 

99. The Boards of Control. 

(1) Board of Dental Ex- 

aminers. 

(2) Board of Health. 

(3) Commissioners of 

Pharmacy. 

(4) Law Examiners. 

100. Educational Board of Ex- 

aminers. 

101. The State Societies. 

(1) Agricultural. 

(2) Historical Society. 

(3) The Horticultural So- 

ciety. 

(4) The Iowa State Teach- 

ers' Association. 

(5) The Iowa Academy 

of Sciences. 
X. Growth, Development and 
Change. 

102. The Rate of Progress. 

103. Growth in Population. 

104. The Early Modes of Travel. 

105. Urban Population. 

106. The First Effects of the 

Railway. 

107. Railway Building. 

108. State Control of Railways. 

109. Iowa's Capitals. 



382 



GENERAL OUTLINE 



110. The Policy of the State as to 

Debt. 

111. The Policy of the State as to 

Public Institutions. 

112. Political Changes. 

113. Productions. 

114. Mining. 

115. I^ive Stock and Dairy Pro- 

ducts. 

116. Public Education. 

117. The First School Provisions. 

118. The Constitutional Provi- 

sions. 



119. Early Method of Support of 

Schools. 

120. The Public School Strength- 

ened. 

121. The State Board of Educa- 

tion. 

122. Horace Mann and Iowa. 

123. Education, not Supported by 

Public Taxation. 

124. Other Educational Influ- 

ences. 

125. The State Board of Control. 



CIVIL GOVERNMENT 



XI. lyocal Government. 

126. The Formation of the Ameri- 

can Union. 

127. The Constitution. 

128. The Reserved Rights of the 

States. 

129. The State Divided into Coun- 

ties and Townships. 

130. The Congressional Town- 

ship. 

131. The Plan of the Survey. 

132. The Division of the Town- 

ship into Sections. 

133. The School Township. 

XII. Township Government. 

134. The Civil Township. 

135. Officers of the Civil Town- 

ship. 

136. Bonds. 

137. Remuneration. 

138. Tov/nship Elections. 

139. Duties of Township Trustees. 

140. Classification of Trustees. 

141. The Township Clerk. 

142. Superintendents of Roads. 

143. Constables and Justices of 

the Peace, 

144. Assessor. 

145. Militia. 

XIII. Municipalities. 

146. Classification. 

147. The (Incorporated) Town. 



148. The Officers of an Incorpo- 

rated Town. 

149. The Council and their Duties. 

150. Cities of the Second Class. 

151. Ordinances and Wards. 

152. Number of Cities of the 

Second Class. 

153. Cities of the First Class. 

154. Number. 

XIV. County Government. 

155. County Government. 

156. Two County Seats. 

157. The County Officers. 

158. The Board of Supervisors. 

159. The Duties of the County 

Supervisors. 

160. The Public Buildings. 

161. The County Auditor. 

162. The County Treasurer. 

163. The County Attorney. 

164. The County Recorder. 

165. Buying Real Estate. 

166. The County Clerk. 

167. Other Duties of the County 

Clerk. 

168. The Sheriff. 

169. The Coroner. 

170. Notaries Public. 

171. The County Superintendent 

XV. State Government. 

172. The Constitution. 

173. The Preamble. 



GENERAL OUTLINE 



383 



The Bill of Rights. 

Political Power Inherent in 
the People. 

No State Religion. 

Religious Tests. 

The Penalty for Dueling. 

Uniform Action of L,aws. 

Freedom of Speech and 
Press. 

Security from Arrest and 
Search. 

Trial by Jury. 

Rights of the Accused. 

Indictment by the Grand 

Jury- 
Second Trial— Bail. 

Habeas Corpus. 

Definition and Illustration. 

Relation of Military to Civil 
Power. 

Forced Hospitality to Sol- 
diers. 

Treason. 

Injustice and Cruelty to 
Prisoners. 

Kminent Domain. 

Imprisonment for Debt. 

Right of Assembly and Peti- 
tion. 

Attainder, Fx Post Facto, Etc. 

Ex Post Facto I^aws. 

Impairing Obligation of Con- 
tracts. 

Rights of Foreigners. 

Slavery. 

lyease of I,ands 

Reservation of Rights. 

Prohibitory Amendment. 
XVI Article II.— Right of Suffrage. 
203. Qualifications. 

Privilege from Arrest. 

Privilege from Military Duty. 

Residence of Soldiers and 
Marines. 

Disqualifications for Elec- 
tive Franchise. 

Parole of Prisoners.' 

Elections. 

Registration. 

211. The Ballot. 

212. The Australian Ballot. 



174. 
1?5. 

176. 
177. 
178. 
179. 



181. 

182. 
183. 
184. 

^185. 
186. 
187. 
188. 



190. 
191. 

192. 
193. 
194. 

195. 
196. 
197. 

198. 
199. 
200. 
201. 
202. 



204. 
205. 



207. 

208. 
209. 
210. 



213. The Belgian Ballot. 

214. Method of Voting. 

215. Election Boards. 

216. Election Returns. 

XVII. Article III.,— Legislative De- 

partment. 

217. Distribution of Power. 

218. lyegislative Department. 

219. Regular and Special Ses- 

sions. 

220. House of Representatives. 

221. Qualifications of Represen- 

tatives. 

222. Senators. 

223. Powers and Duties Belong 

ing to Both Houses. 

224. Rights of Individuals. 

225. Freedom of Speech. 

226. Vacancies. 

227. Publicity of Sessions. 

228. Adjournment. 

229. Bills— Their Origin. 

230. Their Passage. 

231. How Bills Fail to Become 

lyaws. 

232. Report of Finances. 

XVIII. I^egislative Department {Con- 

tinued). 

233. Impeachment. 

234. Parties Liable. -Punishment. 

235. Accepting Appointments. 

236. Disqualification. 

237. Holders of Public Money. 

238. Paymentof Public Money. 

239. Compensation of Members. 

240. When Laws Go into Effect. 

241. Prohibitions. 

242. Subject Matter. 

243. Local and Special Laws. 

244. Extra Compensation — Pri 

vate Appropriations. 

245. The Oath of Office. 

246. The State Census. 

247. Number and Apportionment 

of Senators. 

248. Number of Representatives. 

249. Apportionment of Repre< 

sentatives. 

250. Floating Districts. 

251. Contiguous Territory. 



3^4 



GENERAL OUTLINE 



252. Mode of Voting in Elections 

in the General Assembly. 

XIX. Article IV.— Executive Depart- 

ment. 

253. The Governor — Election, 

Term, Canvass of Vote. 
254 Vote Required to Elect. 

255. Contested Elections and 

Eligibility. 

256. Command of Militia. 

257. Duties of Govern or. 

258. Succession of the Executive, 

Etc. 

259. The Great Seal. 

260. Executive Council. 

261 . The Secretary of State. 

262. The Auditor of State. 

263. The Treasurer of State. 

264. The Attorney-General. 

265. Railroad Commissioners. 

266. The Superintendent of Pub- 

lic Instruction. 

267. Outline. 

XX. Article V.— Judicial Depart- 

ment. 

268. General Provision. 

269. The Supreme Court. 

270. Writs and Processes. 

271. The District Court. 

272. Civil and Criminal Cases. 

273. Style of Process, Salary, Etc. 
274 Changes in Districts and 

Judges. 

275. Judges and Attorneys. 

276. The Grand Jury. 

277. The Petit Jury. 

278. Outline Study of Judicial 

System. 

279. Militia. 

280. Officers. 

281. Outline Study of the Militia. 



XXI. State Debts and Corporations. 

282. Purpose and I,imits. 

283. First Exception to Ivimit. 

284. Second Exception to I^imit 

285. Third Exception. 

286. Requirement. 

287. Outline Study of State Debts. 

288. Corporations. 

289. Prohibition. 



290. 


Banli L,egislation. 


291. 


Provision for a State Bank. 


292. 


Responsibility of Stockhold- 




ers. 


293. 


Further Protective Measures. 


294. 


Outline Study of Corpora- 




tions. » 


II. 


Article IX. — Education and 




School L,ands. 


295. 


State Board of Education. 


296. 


School Funds and School 




Lands. 


297. 


United States Land Grants. 


?98. 


Other Sources of School 




Fund. 


299. 


Care and Disposal of Funds. 


300. 


Agents and Distribution. 


301. 


Outline Study of I,and 




Grants. 


302. 


Amendments to the Consti- 




tution. 


303. 


Revision. 


304. 


Outline Study of Amend- 




ments. 


305. 


Miscellaneous. 


306 


Size of New Counties. 


307. 


Debt I^imits of Political Cor- 




porations. 


308. 


State Boundaries. 


309. 


Oath of Office. 


310. 


Vacancies. 


311 


Schedule. 



INDEX. 

HISTORY AND CIVIL GOVERNMENT OF IOWA. 

Figures refer to paragraphs, not pages. 



Academy of Sciences, 101. 
Accused, rights of, 183. 
Admission of Iowa, 31, 32, 128. 
Adjournment, 223. 228. 
Adjourned Session, 50. 
Agricultural College, 94, 297 : Society, 

101. 
Amendments. 280, 302, 303. 
Anamosa, 10. 
Andrew, 58. 
Appanoose, 10. 
Appointed officers, 266. 
Appointments, 235. 
Apportionment, 247, 249. 
Appropriations, 244. 
Arkansas, 6. 
Arrest, 181, 204, 224. 
Assembly and petition, 194. 
Assessors, 144. 
Attainder, 195. 
Attorney, 64, 163, 264. 
Auditor, 153. 161,262. 

B. 

Banks, 37, 38, 40, 55, 62, 63, 64, 71. 
Banking laws, 290, 291-293. 
Ballot, secret, 211. 

Australian, 212. 

Belgian, 213. 
Battles of Rebellion, 79. 
Belmont, 109. 
Bill of rights, 174. 
Bills, origin of, 229. 

passage, 230-231. 
Black Hawk, 10. 

map of county, 158. 

purchase, 12. 
Blondeau, 7. 
Blind, 88, 89. 
Boards of State, 99, 100. 

of education, 64, 121. 
Bonaparte, Napoleon, 6. 
Bonds, 136. 
Boundaries, 308. 

disputes concerning, 25, 33, 34, 35, 
39, 40. 
Briggs, Ansel, 43, 50. 



Brigham, David, 14. 
Brown, Auditor, 244. 
Buildings, public, 160. 
Burlington, 14, 19, 28, 109. 

c. 

Capital, 19, 109, 310. 

Capitol, 20. 

Canvassing Board, 159. 

Caucus, 216. 

Cass, lyCwis, 52. 

Census, 19, 24, 61, 64, 246. 

Chambers, John, 12, 27, 28. 

Changes in District Courts, 274. 

Charters, 20. 

Cherokee, 10. 

Chickasaw, 10. 

Civil and criminal cases, 272. 

Circuit courts, 167, 274. 

Clark, James, 43. 

Clerk, 141, 148, 150, 153, 166. 

Classification, 140, 146. 

Codes of Iowa, 50. 

Colleges, 123. 

College for Blind, 89. 

Compensation, 137, 239, 244. 

Congress, 23, 24, 25, 32, 34, 35, 40, 42, 50, 

51, 52, 65. 
Congressional Districts, 173. 

townships, 130-133. 
Constitution, 127, 172, 303. 

of 1844, 32, 38, 39. 

of 1846, 38, 40, 42, 45. 

of 1857, 38, 64, 174. 
Constitutionality, 128. 
Constable, 143. 
Constitutional convention, 24, 31, 32, 

39, 64. 
Contiguous territory, 251. 
Contracts, 197. 
Conventions, 216 (3). 
Coroner, 169. 
Corporation laws, 37, 38, 40, 55, 62, 64, 

66. 
Corporations, 282, 288-290. 
Council. 149, 150, 153. 

BluflFs, 4, 51, 53. 
County government, 155-171. 
County officers, 157. 



385 



386 



INDEX. 



County seat, changing, 243. 

two seats, 1^6. 
County, size of, 306. 
Courts, circuit, 167, 274, 

district, 271. 

justice, 143,305. 

supreme, 9, 64, 269. 

D. 

Dakota, 6. 

Davenport, 12, 20, 51, 93, 120. 

"Deadlock," 44, 46, 52. 

Deaf, school for, 90. 

Debts, 282-285, 307. 

Decatur County, 60. 

Decorah, 10. 

Democratic view, 35, 43, 50, 53, 

74, 112. 
Dennison, George B., 59. 
Dental examiners, 99. 
Departments, 217. 
Des Moines, 64, 109. 

Navigation Company, 68. 

river land grant, 68, 69. 

Valley Railroad, 68, 
District attorneys, 64. 
District of Louisiana, 6. 
District court, 271. 
Disqualifications, 207, 236-238. 
Divorce. 241. 
Dodge, A. C, 45, 54, 70, 75. 

Henry, 109. 
Dubuque, City, 38, 51, 58, 120. 

Julien, 7. 
Dueling, 178. 
Duties, of local ofl&cers, 139. 

of State officers, 256-366. 



igducation, 116. 

State Board of, 295 
Educational Board of Examiners, 100. 
Elections, 138, 139, 209. 

in General Assembly, 252. 
Election boards, 215. 

returns of, 149, 216. 
Emancipation proclamation, 78. 
Eminent domain, 19;^. 
Entering land, 29, 30, 41. 
Executive council, 260. 
Exemptions, 205. 
Ex-post facto laws, 195, 196. 
Extra sessions, 50. 



Fairfield, 58. 

Federal government, 127. 
Feeble-minded, 92. 
Felonies, 184. 
Finance, County, 159. 

Reports, of State, 141, 2 
Financial affairs, 47, 55, 62, 
First State election, 43. 

schools, 117. 
Floating districts, 250, 
Floyd, Sergeant, 4. 



Foreigners, rights of, 198. 
Fort, Crawford, 7. 

Dodge, 82. 

Madison, 12, 20. 

Sumpter, 76. 
Fox Indians, 1, 7, 10, 12, 13. 
Freedom of speech, 180. 
Free schools, 59. 
France and Iowa, 6. 

Q. 

General Assembly, 50, 54, 218. 
Geological survey, 98. 
Girard, Basil, 9. 

tract, 9. 
Good time, 208. 
Governor, 17, 21, 22, 253-359. 

list of, 266. 
Graded schools. 59. 
Grand jury, 184,276.377. 
Grand river, 60. 
Great Britain, 6. 
Great seals of Iowa, 61. 
Grimes, James W., 59, 62, 63, 64, 73, 75, 
119. 

H. 

Habeas corpus, 186. 

Half-breed tract, 13, 14, 15, 44, 45 

Hall, J. C , 45. 

Harlan, James, 75. 

Hard times, 41, 55. 

Harrison, William Henry, 12, 27, 46. 

Health, board of, 99, 139, 150. 

Hennepin, Louis, 3. 

Highways, 159. 

Historical department, 97. 

society, 97, 101. 
Home rule, 24. 
Home for blind, 88. 
Honore-Tesson, Louis, 9. 
Horticultural society, 101. 
Hospitals for insane, ?0, 87. 
Hospitality to soldiers, 189 
Hungarians, 60. 

I. 

Illinois, 3, 53. 

Impaired obligations, 197. 

Impeachment, 2^3, 234. 

Imprisonment for debt, 193. 

Inalienable rights, 174. 

Income tax, 128. 

Indebtedness of State, 47, 64, 70, 77. 

110. 
Independent districts, 133. 
Indiana, 6. 

Indian boundary line, 25, 33. 
Indians, 1, 10, 80, 81, 82, 83. 
Indian treaty, 11, 12. 
Indian war, 80, 81, 82, 83. 
Industrial school, 91. 
Ink-pa-du-tas, 81. 
Insane, 87, 207. 
Institutions. State, 70, 84, 111, 
Interest, rate, 41. 



INDEX. 



387 



Iowa, admitted. 32-40. 

City, 1, 20, 28, 39, 51, 58, 64, 109 

County, 1, 2. 

district, 2. 

name. 1. 

river, 1. 

soil, 6. 

territory, 2, 16. 



Jefferson, Thomas, 12. 
Johnson County, 20. 
Johnston, Kdward, 14. 
Joliet, Louis, 3, 6. 
Jones, Geo. W., 54, 75. 
Judicial power, 18, 268-278. 

table, 269. 
Jury, 182-183. 
Justice of the peace, 143, 305. 



Kanesville, 53, 
Kentucky, 12. 
Keokuk, 10, 12, 13, 51. 
King, Nelson, 45. 
Kirkwood, S. J., 70,77. 
Kossuth, Louis, 60. 



Land-claim laws, 29, 30. 
Land grants, 67, 69, 297-301. 

sales, 29, 30, 51, 57. 
La Salle, 3. 
Laws, 240. 
Lease of lands, 200. 
Le Claire, Antoine, 1, 65. 
Lee County, 3, 9, 13. 
Legislative department, 218. 

assembly, 22, 24. 

investigation, 46. 
Legislature, 20, 24, 218. 
Library, 124. 

state 97. 
Lieutenant governor, 64, 258 
Lincoln, Abraham, 73, 76. 
Live stock, 115. 
Loan, public, 47. 
Local and special laws, 243. 
Lotteries, 241. 
Louisiana, 5, 6. 
Lucas, Robert, 19, 22, 23, 26, 27, 28, 31 , 

M. 

Madison, 109. 
Mahaska. 10. 
Mann, Horace, 122. 
Marquette, James, 3, 5. 
Massacre, Indian, 82. 
Mendota, 82. 

McCarthy, Johnathan, 45. 
Michigan, 2, 6. 
Militia, 145, 279-280. 
Miner's Bank, 38. 
'■ Minesof Spain," 8. 
Mining, 114. 
Minnesota, 6. 



Misdemeanors, 184. 
Mississippi river, 3, 6, 13, 39 
Missouri, 6, 12, 25, 26, 33, 39. 

Compromise, 73. 
Modes of travel, 104. 
Monona, 10. 
Montrose, 9. 
Monuments, 78, 83. 
Mormons, 53. 
Mortgages, 164. 
Mt. Pleasant, 58, 70, 87. 
Municipalities, 146-154. 

N. 

Names, changing, 243. 
Negro suffrage, 74 . 
New Orleans, 6, 7. 
Nicollet, 33. 

Normal Schools, 58, 92, 96. 
North Dakota, 6. 
Northwest Territory, 12. 
Notary public, 170. 

o. 

Oath of office, 141, 245, 309. 
Offenses, 184. 
Ohio, 12. 
Okoboji, 10, 82. 
Ordinance of 1787, 7. 

of city, 151. 
Organic act, 16. 
Orphans' Home, 93. 
Osage, 10. 
Osceola, 10. 
Oskaloosa, 10, 58. 
Ottumwa, 10. 



Panic of 1837, 41, 
Parochial schools, 123. 
Pay, 137. 

Penitentiary, 20, 85, 184. 
People of Iowa, 61, 173. 
Petit jury. 277. 
Pike, Major, 5. 
Pike's Peak. 5. 
Pharmacy, 99. 
Pocahontas, 10. 
Political power, 175. 

patronage, 19. 
Poll-tax, 139. 
Poor, 139, 159. 
Population, 56, 61, 103, 105. 
Possum ticket, 45. 
Potosa, 8. 
Pottawattamie Indians, 10, 13. 

county, 4. 
Poweshiek, 10. 
Powers of both houses, 223. 
Prairie du Chien, 7. 
President of United States, 23. 
Preamble, 173. 
Prices, 41. 
Primaries, 216, (2). 
Principal meridian, 131. 
Private appropriations, 244. 
Proclamations, 226. 



388 



INDEX. 



Productions, 113. 

Progress, 102. 

Prohibition amendment, 202 

Prosecuting attorney, 64 

Protest, 224. 

Public lands, 51, 297-301, 310. 

Publicity of sessions, 227. 



Quorum, 223. 



Q. 



Railroads, 51, 65, 68, 106-108. 
Railroad commissioners, 265 
Real estate, buying, 165. 
Rebellion, War of, 77-79 
Recorder, 164. 
Reform schools, 91. 
Registration, 210. 
Reid, Hugh, 14. 
Religion, 1T6. 
Remuneration, 137, 239. 
Representatives, 220, 221 248. 
Republican view, 62, 63, 72 76 112. 
Reserved rights, 128, 201. 
Residence, 206. 

Review, boards of, 141, 144, 159. 
Rio Grande River, 3, 5. 
Road taxes, 139. 
Roddick, Thomas, 9. 

s. 

Sac, 10, 12, 13. 

St Clair, Arthur, 12. 

St. I^ouis, 12. 

St. Peters River, 33. 

Salaries, 56. 

of state oflBcers, 266. 
Schedule, 311. 
Schools, 116-120. 
Schoolcraft, Henry R , 1 
School for deaf, 90. 
School funds, 133. 

School legislation, 49, 59, 117, 118-120 
Scott, Gen. Winfield, 12 
Seals of Iowa, 61. 
Second trial, 185. 
Secretary of State, 261. 
Semi-centennial, 102 
Senators, 222. 

number of 247. 
Sessions, extra, 24, 50, 257. 

of legislature, 219. 
Sheriff, 168. 
Sioux, 10, 12. 

Indians, 80, 81, 82, 83. 
river, 33. 
Slavery, 32, 63, 73, 76, 199. 
Soldiers, 78, 79. 
Home, 86. 

Orphans' Home, 93. 
South Dakota, 6. 
Spain and Iowa, 6. 
Spaulding, Josiah, 15. 
Special Sessions, 50. 
Speculation, 55, 57. 
Speech, freedom of, 225. 



Spirit I,ake, 80-83. 

State Agricultural College, 94 297 

State banks, 37, 71, 290-293. 

State Board of Control, 125 266 
of Education, 64, 295. 

State Boards, 99, 100. 

State Institutions, 70, 84-96 

State Normal School, 96. 

State University, 58, 64, 95, 122 297 

Supreme law, 127 ' 

Surveyor, 17la. 

Surveys, congressional, 130-133. 
Subject matter, 242. 
Suffrage, 74, 203-216. 
Sullivan. John C, 25, 33. 
Superintendent, 49, 171, 266 
Supervisors, 142, 159. 
Supreme Court, 9, 64, 269-271 

T. 

Tama, 10. 
Taxes, 144, 286. 
Taylor, Zachary, 52. 
Teachers' Association. 101 

institutes, 122. 
Temperance, 48, 63, 72 
Territorial legislation,' 20-24 
Title to soil, 6. 
Towns, 147-149. 
Treason, 190. 

Treasurer, 148, 150, 153, 162 263 
Treaties with Indians, 11, 12 ' 
Tuition in school, 59. 
Tyler, John, 27. 

u. 

Unconstitutionality, 128. 
Uniform action of laws' 179 
United States Senators, 43-46 50 54 
University, SS, 64, 95, 122, 297 ' 
Upper I^ouisiana, 6, 9. 

V. 

Vacancies in General Assembly 226 
other, 149, 310. ^ 

Van Buren, President 23 
county, 25. 

VoUA|,'214:''''''^'''''^2^>230. 
in General Assembly, 252. 

w. 

Wapello, 10. 

War of Rebellion, 77 78 79 
Warrants, 143, 181. ' " 
Washington monument 76 
Watonwan river, 33 
Waukon, 10. 
Whig view, 35, 43, 50, 53. 
Wilson, Thomas S., 14 
Winnebago, 10, 
Winneshiek, 10, 
Wisconsin. 2, 6, 14 
Writs, 143, 270. 



Yea and nay vote, 224. 



!V?AY 38 1908 



/ 



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